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(영문) 서울중앙지방법원 2015.03.23 2015고정369
상표법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. From the beginning of January 2013 to the beginning of September 25, 2014, the Defendant sold 1,693 fakes with a trademark marked “NIKE and trademark registration number: 029092)” registered with the Korean Intellectual Property Office (NIK and trademark registration number: 0292) in front of the C store in Jung-gu Seoul, Jung-gu, Seoul, and sold a fake 220 mark, which is a trademark registered with the Korean Intellectual Property Office (NIK and trademark registration number: 00 points at the end of the fake 220 points, as indicated in the Schedule of Crimes (1). The Defendant infringed each other’s trademark right.

2. On September 25, 2014, the Defendant infringed on each other’s trademark rights by storing 280 points at least a total of 3,007 foot trademarks, as indicated in the attached Table of Crimes (2), for the purpose of sale, as indicated in the attached Table, a trademark registered with the Korean Intellectual Property Office of Korea (NIKE, trademark registration number: 0292) in the parking lot of D Building in Jung-gu Seoul, Seoul, for the purpose of selling the fake, the number of fake 280 points, which is a trademark registered with the Korean Intellectual Property Office, by forging the trademark “NIKE and trademark registration number: 02.92).

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to the Investigation Report (Trademark Register);

1. Article 93 of the Trademark Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition (trades violating the Trademark Act by type of registered trademark due to one custody act);

1. Selection of each alternative fine for punishment;

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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