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(영문) 서울북부지방법원 2016.06.15 2016고정645
상표법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The defendant is a self-employed person who sells clothes at a store of 44th floor in Dongdaemun-gu Seoul Metropolitan Government C market 2.

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, on January 21, 2016, at the above store around 10:25, the Defendant displayed the victim's trademark right by displaying and keeping for sale 20,000 won in total the market value of the presumption of good attached with the trademark in the same shape as the black trademark registered with the Korean Intellectual Property Office No. 932759 on September 3, 2012, the Defendant infringed the victim's trademark right by displaying and keeping for sale the 20,000 won of the presumption of good, as shown in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Police seizure records and list of seizure;

1. A copy of the register of each trademark, and a statement of opinion on the appraisal of seized articles;

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

1. Relevant legal provisions and Article 93 of the Trademark Act regarding facts constituting an offense; and

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 97-2 (1) of the Trademark Act that has been confiscated;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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