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(영문) 의정부지방법원 고양지원 2017.11.17 2017고정624
상표법위반
Text

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

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

Reasons

Punishment of the crime

No person shall use a trademark identical with another person's registered trademark on goods similar to the designated goods, or use a trademark similar to another person's registered trademark on goods identical with or similar to the designated goods.

Nevertheless, from July 2016 to September 12, 000, the Defendant: (a) sold a mobile phone cover box (registration number: No. 0029798); (b) a registered trademark of “lapping” (registration number: No. 0029798); and (c) a trademark of “lapping” (registration number: No. 0034998); and (d) a trademark of “lapping” (registration number: No. 003498), a trademark of the same or similar type, which is a trademark of “lapping” from July 30, 2016 to September 30, 2016, the Defendant displayed the registration of “lapping”, a trademark of “lapping” (No. 029798); and (b) sold the same or similar type of a trademark for the purpose of selling it.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure (No. 6 No. 5) and list of seizure (No. 7 No. 5);

1. Search site photographs;

1. Application of Acts and subordinate statutes to the current status of sales of enterprises, the trademark registration ledger and appraisal report;

1. Article 230 of the Trademark Act comprehensively covers each of the registered trademarks under relevant provisions of the Act on criminal facts;

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

1. Selection of an alternative fine for punishment;

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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