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(영문) 대구지방법원 서부지원 2015.04.03 2015고정144
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 is the owner of the clothes sales store in B's trade name.

At around 13:00 on December 11, 2014, the Defendant: (a) granted 300,000 won from 2 male members of the 40 middle line with which his personal information is unknown; (b) marked 16 points; (c) 5 points on which the trademark of “MU” was attached; (d) 5 points on which the trademark of “B” was attached; (c) 5 points on which the trademark of “B” was attached; (d) 5 points on which the trademark of “B” was affixed; (d) 5 points on which the trademark of “B” was affixed; (e) 5 points on which the trademark of “B” was affixed; (e) 1 point on which the trademark of “B” was affixed; (e) 1 point on which the trademark of “B” was affixed; (e) 1 point on which the trademark of “B” was forged; (e) 5 GM 1, 1000, and (e) 1, 5GMMMz.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Seizure records;

1. Application of seized articles, photographs and Acts and subordinate statutes on control site photographs;

1. Relevant Articles of the Trademark Act and the choice of punishment for facts constituting an offense, and Article 93 of the Trademark Act (Blanket to each owner of a trademark right) and each election fine;

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

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