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(영문) 대구지방법원 포항지원 2018.03.21 2018고정52
상표법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a store “C” in the north-gu, Gyeongbuk-gu, Gyeongbuk-gu.

A person is prohibited from transferring or delivering goods identical with or similar to the designated goods bearing a trademark identical with or similar to another person’s registered trademark, or from displaying, possessing, exporting, or importing them for that purpose. However, around November 6, 2017, the Defendant infringed upon the trademark rights of each owner of the trademark by displaying and keeping 125 marks totaled of forged goods, such as 125 marks in fake 2, registered with the Korean Intellectual Property Office (hereinafter “owner of the trademark right”): around November 14:50, 2017 at the above store operated by the Defendant (No. 010463) registered with the Korean Intellectual Property Office (No. 010463): the summary of the evidence on November 6, 2017

1. Statement by the defendant in court;

1. Records and photographs of seized articles;

1. Investigation reports (as to whether a trademark is registered), investigation reports (as to calculation of the amount of trademark infringement), and the application of statutes;

1. Article 230 of the Trademark Act and the choice of fines, respectively, for facts constituting an offense;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 236(1) of the Trademark Act that is confiscated;

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

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