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(영문) 대구지방법원 2014.08.20 2014고정1144
상표법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,500,000, and by a fine of KRW 700,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A

A. On February 11, 2014, the Defendant: (a) around 14:55, on the street in front of the exit of the 4 subway station in Daegu-gu, Daegu-gu, the Defendant: (b) installed a shopping mall; and (c) received a total of 49 points, such as the Habbcle 12 points on which a trademark identical or similar to the “Bck” (No. 0380952) is attached; (d) 4 points on which a “Bck” was registered as a trademark; (e) 5 points on which a trademark is attached; (e) 12 points on the top; and (e) 23 points on the lower part; and (e) 49 points on the part of the lower part of the lower part with the trademark attached, which is identical or similar to the “Fck 295” (No. 0857295).

Accordingly, the defendant infringed the trademark rights of the trademark right holder.

B. On February 12, 2014, at around 14:00, the Defendant: (a) installed a shopping mall in front of the exit of the 4 subway station in Daegu-gu, Daegu-gu; and (b) was supplied with a total of seven points, such as twitz with a trademark identical or similar to the trademark registration number 0380952 ( trademark registration number 0380952), twitz with a trademark attached, 2, 2, and 3, etc., and possessed to transfer or deliver it.

Accordingly, the defendant infringed the trademark rights of the trademark right holder.

2. Defendant B: (a) around 14:00 on February 12, 2014, the Defendant installed a provisional board in front of the exit of 4 air station in Daegu Dong-gu, Daegu-gu; and (b) was supplied with 9 leathers with a trademark identical or similar trademark attached to the “luxage” registered by a person who was in a fire, with the trademark “luxage” (No. 0122120) and carried them in possession to transfer or deliver.

Accordingly, the defendant infringed the trademark rights of the trademark right holder.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement of F and G;

1. Each protocol of seizure and the list of seizure;

1. Application of Acts and subordinate statutes of each original trademark register;

1. Defendant A of the pertinent Article of the Act on Criminal Facts: Each of the provisions of Article 93 of the Trademark Act (Selection of Fines)

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