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(영문) 대구지방법원 2013.10.23 2013고정2242
상표법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who sells clothes and miscellaneous retail stores.

No one shall use a trademark identical or similar to another person's registered trademark registered with the Korean Intellectual Property Office for goods identical or similar to such designated goods, or display or keep any product manufactured as such for sale.

Nevertheless, at around 13:40 on May 24, 2013, the Defendant displayed and stored at the display stand a total of 14 fake goods for sale to customers for the purpose of selling to the customers, three trademarks identical or similar to the Korean Intellectual Property Office registration number No. 330235, the Korean Intellectual Property Office (Korean Intellectual Property Office No. 330235).

Accordingly, the defendant infringed the trademark rights of the trademark right holder.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Records of seizure and the list of seizure;

1. Copy of the original trademark register;

1. Investigation report- the application of Acts and subordinate statutes that attach photographs to seized articles; and

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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