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(영문) 대구지방법원 2018.03.20 2018고단99
상표법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall, without legitimate authority, use a trademark identical with another person's registered trademark on goods similar to the designated goods or sell or possess such trademark for the purpose of having another person use it on such goods.

Nevertheless, on September 21, 2017, the Defendant’s age in the store run by the Defendant under the trade name of “C” in the 6nd 141 of the 3rd Jung-gu, Daegu-gu, Seoul-gu, Seoul-gu, 2017.

C. B. B. A filed a lawsuit to sell a total of 1,223 punishments, including forged clothing equivalent to 139,390,300,300 won in total, as stated in the crime sight list, as well as 280 punishments on age clothes that forged a trademark registered with the Korean Intellectual Property Office (registration No. 0065487).

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on investigation;

1. A protocol of seizure and a list of seizure;

1. Application of a written appraisal, the register of trademarks, and statutes governing field photographs;

1. Article 230 of the Trademark Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 236(1) of the Trademark Act that is confiscated;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The fact that the number and value of the infringing goods are not significant: The fact that the crime is recognized and reflected, and there is no previous conviction;

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