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(영문) 서울중앙지방법원 2015.05.28 2015고정829
상표법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall deliver, sell, forge, imitate, or possess a trademark identical or similar to another person's registered trademark for the purpose of using or making another person use such trademark on goods identical or similar to the designated goods.

Nevertheless, at around 22:00 on December 29, 2014, the Defendant possessed a total of 171 marks as shown in the attached list of crimes, such as fake bags with a trademark identical to the trademark registered with the Korean Intellectual Property Office without legitimate authority, on the third floor corridor of the building “C” located in Jung-gu Seoul Metropolitan Government, Seoul, for the purpose of selling a total of 171 marks, without legitimate authority.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police seizure record and the list of seizure;

1. An appraisal opinion;

1. Copy of the original trademark register;

1. Application of Acts and subordinate statutes to photographs of the control site and seized objects;

1. Article 93 of the Trademark Act regarding facts constituting an offense and Article 93 of the relevant Act regarding the selection of punishment;

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

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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