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(영문) 창원지방법원 거창지원 2016.02.17 2016고정1
상표법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall infringe on the trademark right and exclusive use right by an act of possessing, for the purpose of transfer or delivery, goods identical with or similar to the designated goods on which another person’s registered trademark or similar trademark is marked.

However, on October 21, 2013, from around 11:00 to around 13:20 of the same day, the Defendant filed a lawsuit to assign 214 points to the designated goods identical with or similar to the designated goods on which another person’s registered trademark or other similar trademark is marked, as follows, from around the 11:00 to around 13:20 of the same day:

① 47 points on which the trademark registration (registration number 0932759) was attached to the Korean Intellectual Property Office (LACK YAK), 51 points below, and 8 points which have wind wave : (2) points on which the trademark registration (registration number 0857295) was attached to the Korean Intellectual Property Office, 34 points on which the trademark is attached, 28 points lower, 13 points on which the trademark registration (registration number 095573) was attached to the Korean Intellectual Property Office, 200 points on the "No. 6, 400, 60 points on the "No. 5, 600, 600, 600, 600 points on the "No. 86, 60, 608, 608, 600, 608, 608, 608, 60, 608, 600.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Police seizure records;

1. Application of Acts and subordinate statutes to investigation reports (as to the attachment of the original register for trademark registration);

1. Relevant Article of the Act and Article 93 of the Trademark Act regarding facts constituting an offense (Optional to a punishment);

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. The Criminal Act to attract a workhouse;

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