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(영문) 대구지방법원 김천지원 2015.05.08 2015고정153
상표법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No act of possessing goods identical with or similar to the designated goods on which another person's registered trademark or any other trademark similar thereto is indicated, for the purpose of transfer or delivery.

Nevertheless, at around 17:10 on January 30, 2015, the Defendant infringed on the trademark rights of the victim by displaying one neck with a trademark similar to that of the trademark "Yando" (No. 005164), which is the trademark holder, and registered as the designated goods by the victim "Yandog belt", who is the trademark holder, as the trademark holder, as the designated goods in the "C" for the operation of the Defendant inside the Gu-si B, Si-si, 2015 (No. 0538382).

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Police seizure records;

1. Application of the Acts and subordinate statutes of the trademark right register as investigation report (as to attaching photographs of seized articles, up to 19 to 23 pages of the investigation records), investigation report (as to attaching forged musical records, written opinions of appraisal, and copies of the trademark registration register), opinion of appraisal, and opinion of appraisal;

1. Article 93 of the Trademark Act regarding facts constituting an offense and Article 93 of the relevant Act regarding the selection of punishment;

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

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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