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(영문) 전주지방법원 군산지원 2014.04.23 2014고정117
상표법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who renders a good will.

No act of delivery, sale, fabrication, conspiracy, or possession of goods identical or similar to another person's registered trademark shall be performed for the purpose of using or making another person use such goods.

Nevertheless, around October 2013, the defendant purchased counterfeit goods such as irrigation and camping in Seoul Eastern market at 1,780,000 for the purpose of selling them.

Then, around 15:15 on November 21, 21 of the same year, at India located in Dasan City B, 62 black c, 36 black c, 34 trademarks c, Copi c, Ltd. (Korean corporation, Co., Ltd., Co., Ltd. and trademark registration number D) 18, 11 of the same trademark c, MONURA (L), 5 of the trademark c, MONURA (L), 34 of the trademark c, Copi c, Ltd. (Korean corporation, Co., Ltd., Ltd. and trademark registration number) and 169 of the above trademark c, thereby infringing on the trademark rights of the above trademark owners for sale purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. The original trademark register;

1. Application of statutes on site photographs;

1. Relevant Article 93 of the Trademark Act concerning facts constituting an offense and the choice of punishment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 97-2 (1) of the Trademark Act that is confiscated;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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