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부산지방법원 동부지원 2015.05.13 2015고정527
상표법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

No person shall infringe on trademark rights and an exclusive license.

Nevertheless, around 13:02 on September 1, 2014, the Defendant: (a) published a letter in NATER (CATRIER) registered with the Korean Intellectual Property Office on February 6, 1973; (b) and (c) No. 14 (Trademark No. 0589405) of the designated goods registered with the trademark on August 5, 2004; and (d) one asphalt with a trademark identical and similar name attached with the trademark on August 5, 2004, which is infringed on the trademark right of the complainant, such as possessing the said goods.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. Previous convictions in judgment: Criminal records and investigation reports (reports prior to disposition, results confirmation reports, and confirmation reports on the date of release);

1. Habituality of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned and organized manner in the judgment;

1. Article 93 of the relevant Act concerning criminal facts and Article 93 of the Trademark Act regarding the selection of fines;

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