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(영문) 서울중앙지방법원 2015.04.09 2015고정812
상표법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

No trademark identical or similar to another person's registered trademark shall be delivered, sold, counterfeited, forged, or possessed for the purpose of using or making another person use it for goods identical or similar to the designated

Nevertheless, at around 16:20 on December 21, 2014, the Defendant possessed a total of six points on the following, as indicated in the attached list of crimes, such as a fake C&A, on which “AS.E.E.E.E. L.” attached the trademark identical to the trademark registered with the Korean Intellectual Property Office, without legitimate authority, at C’s later street points located in Jung-gu Seoul, Jung-gu, Seoul.

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

Summary of Evidence

1. Partial statement of the defendant;

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

1. An appraisal opinion;

1. Copy of the original trademark register;

1. On-site certificates;

1. Application of Acts and subordinate statutes to photographs of seized articles;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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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