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(영문) 서울중앙지방법원 2014.07.22 2014고정3146
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 a person who runs a sales business in the C market No. 36 of the Jung-gu Seoul Metropolitan Government, Jung-gu, the third floor of the C market.

No trademark identical or similar to another person's registered trademark shall be delivered, sold, counterfeited, counterfeited, or possessed for the purpose of using or making another person use such trademark on goods identical or similar to the designated goods.

Nevertheless, at around 04:40 on May 16, 2014, the Defendant infringed upon the trademark rights of the said trademark right holder by carrying and keeping for sale 54,951,000 won the well-known goods of the crime list, such as the forged goods with a trademark identical or similar to the trademark, such as clothes, shoes, etc., at the Korean Intellectual Property Office as designated goods (trademark registration number 0434504), and mongs (trademark number 037377).

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. The police seizure record and the list of seizure;

1. Photographs and seized objects of the control site;

1. Application of Acts and subordinate statutes of a copy of trademark register;

1. Relevant provisions of the Trademark Act and the choice of punishment concerning facts constituting an offense. Article 93 (Selection of 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 97-2 (1) of the Trademark Act that is confiscated;

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