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(영문) 춘천지방법원 2013.10.01 2013고정555
상표법위반
Text

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

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

At around 13:30 on April 24, 2013, the Defendant displayed for the purpose of selling clothing 483 points with a trademark that forged the 14-type registered trademark as indicated below, the Defendant committed an infringement of trademark rights against each of the above trademarks by displaying for the purpose of selling clothing 483 points with a trademark that forged the 14-type registered trademark, as indicated in the list of crimes, on the following grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

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

1. Investigation report (investigation as to whether a trademark is registered or not, and append photographs thereto);

1. The place where the trademark inspection results are conducted;

1. Application of field photographs, seized objects, photographs, and Acts and subordinate statutes;

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

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

1. Articles 70 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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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