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(영문) 서울북부지방법원 2016.12.08 2016고단4282
상표법위반
Text

The sentence against the accused shall be determined as a fine of 3,00,000 (three million won).

When the defendant does not pay a fine.

Reasons

Punishment of the crime

The Defendant around 17:00 on July 13, 2016, at the clothes of “D” operated by the Defendant, located in Seoul Special Metropolitan City, Nowon-gu, 209, the second floor of C apartment shopping malls 209, the trademark right holder carers’ day.

f. The trademark right of others was infringed by displaying three trademarks of B. Kaz. (trademark registration number No. 0589405) and of B. Kaz. (trademark registration number No. 0074731) of B. Kaz. (trademark registration number No. 05) of B. Kaz., each of the trademarks of B. Kaz. Doz. (trademark registration number No. 074731) on “Kaz. Kaz.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of E;

1. Entry of control certificate;

1. Each original trademark register;

1. Application of Acts and subordinate statutes No. 1 to 8 (Disposition)

1. Article 93 of the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016; Act No. 14033, Sept. 1, 2016) regarding criminal facts (see, e.g., Supreme Court Decision 2007Da14033, Feb. 29, 2016);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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

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