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(영문) 서울중앙지방법원 2015.05.07 2015고정1218
상표법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

No act of delivering, selling, forging, forging, forging, or possessing a trademark identical or similar to another person's registered trademark for the purpose of using or making another person use it on goods identical or similar to the designated goods.

Nevertheless, at around 22:30 on August 28, 2014, the Defendant, without legitimate authority, carried 462 marks (924,000,000 won) on the first floor of the building in Jung-gu Seoul, Seoul, for the purpose of selling fake bags with a trademark identical to the trademark registered with the Korean Intellectual Property Office (No. 118012).

Accordingly, the Defendant infringed the trademark right of the above trademark right holder as above.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports (Attachment of a written consent for destruction of seized articles), investigation reports (Attachment of a disposal report and photograph);

1. Application of statutes in the register of trademarks, such as field control photographs, opinions of expert witnesses, and trademarks;

1. Article 93 of the relevant Act concerning criminal facts and Article 93 of the Trademark Act regarding the selection of fines;

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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