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(영문) 수원지방법원 성남지원 2014.09.19 2014고정1437
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

[2014 Highly 1437] On May 17, 2014, the Defendant displayed and kept in order to sell 531 punishment for the total sum of the clothing attached with the same shape as the registered trademark as the trademark in the attached list of crimes, including those displayed and kept in order to sell 2 punishments and 12 punishments on the same shape as the trademark attached, registered in the attached list of crimes, at the center park in Sungnam-si, Sungnam-si, which was registered under No. 079050, the trademark registration number of the trademark in front of the 17me area.

[2014 High 1524] On June 21, 2014, the Defendant: (a) around 16:30 on June 21, 2014, the Defendant displayed a trademark in front of Hyundai Apartment, the same shape as the trademark registration number of which was registered under No. 160728; (b) 31 punishment on which the trademark is attached; (c) 5 punishment on which a trademark in the same shape as the trademark registered under No. 417383, is attached; and (d) 8 punishment, 1 punishment, 12 punishment, 16 punishment, 15, 788, and 788 of the trademark registration number, where a trademark in the same shape as the trademark is attached, on which the trademark is attached, in order to sell the same shape as the trademark registered under No. 0588.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Each statement of B and C;

1. Statement of seizure of each police;

1. Application of Acts and subordinate statutes to investigation reports, photographs of seized articles, and photographs of site detection;

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 (1) 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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