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(영문) 서울중앙지방법원 2016.10.19 2016고정3026
상표법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who sells a liquid book at the street store in Jung-gu Seoul, Seoul.

No person shall deliver, sell, forge, forge, or possess a trademark identical or similar to the registered trademark of another person for the purpose of using or making another person use such trademark on goods identical or similar to the designated goods.

Nevertheless, around June 19:40 on June 28, 2016, the Defendant displayed and stored a trademark identical or similar to another person’s registered trademark at the street store as indicated in the attached list of crimes, on the designated goods or goods identical or similar to the designated goods, and thereby infringed another person’s trademark right registered with the Korean Intellectual Property Office, by displaying and keeping a total of 240 of the detailed book (the head pin and head belt) on which the trademark is marked and attached.

Summary of Evidence

1. Defendant's legal statement;

1. Scenic photographs of the control site;

1. Records of seizure and the list of seizure;

1. A written appraisal report;

1. Photographs of seized articles;

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

1. Article 93 of the former Trademark Act (amended by Act No. 14033, Feb. 29, 2016; hereinafter the same) and Article 93 of the former Trademark Act regarding criminal facts and the selection of fines for negligence

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

1. Article 97-2 (1) of the former Trademark Act that has been confiscated;

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

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