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(영문) 서울중앙지방법원 2017.02.09 2016고정4080
상표법위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who operates a children's clothes store "C" in Seoul Jung-gu B commercial building 56.

At around 15:00 on September 20, 2016, the Defendant, without legitimate authority, displayed 20 marks “MLB (MLB) 20 (2,600,000 won in estimate of fixed goods)” to many unspecified persons without the trademark right holder’s permission, and infringed the trademark right of the said trademark holder by displaying them for sale to an unspecified number of unspecified persons the same trademark as those registered with the Korean Intellectual Property Office (registration No. 0525190, 0642902).

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. On the spot and photographs of seized articles;

1. Estimated price of authentic goods and appraisal opinion;

1. Application of Acts and subordinate statutes of the Trademark Registration Register;

1. Relevant legal provisions and Article 230 of the Trademark Act concerning facts constituting an offense. Article 230 (Selection of Penalty)

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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