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(영문) 울산지방법원 2016.07.07 2016고단1400
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

The defendant shall not commit an act infringing on a trademark right and an exclusive use right by a person who operates a store under the trade name of "C" in Yangsan-si B, and no person shall commit an act.

Nevertheless, at around 13:50 on March 7, 2016, the Defendant displayed six parts, such as handbags, bearing a trademark similar to the trademark (trademark registration number 030235) registered with the Korean Intellectual Property Office, to an unspecified number of people for sale, within the store of the above "C".

Accordingly, the defendant infringed the trademark right of the above trademark right holder.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Application of statutes to a copy of the original register of trademark registration, and a written appraisal of forged goods;

1. Article 93 of the Trademark Act and selection of fines concerning facts constituting an offense;

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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