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(영문) 서울중앙지방법원 2014.11.12 2014고정4803
상표법위반
Text

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

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

Reasons

Punishment of the crime

No act of delivery, sale, fabrication, conspiracy, or possession, for the purpose of using or making another person use a trademark identical or similar to the registered trademark of another person on goods identical or similar to the designated goods, or possessing, for the purpose of transferring or delivering goods identical or similar to the designated goods bearing the registered trademark of another person

Nevertheless, at around 15:30 on August 11, 2014, the Defendant infringed on the trademark right holder’s trademark right by carrying for the purpose of selling a fake carpher with the same trademark as the trademark (registration number: No. 0589405) registered with the Korean Intellectual Property Office without legitimate authority in the store “C” at the 6th 79th 79 of the Seoul Jung-gu Seoul Central District Office.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Records of police seizure and list of seizure;

1. Matters to be registered;

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

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

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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