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(영문) 대전지방법원 2017.08.18 2017고정851
상표법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a miscellaneous miscellaneous store in Seo-gu Daejeon, Seo-gu.

On April 11, 2017, the Defendant displayed the registration mark No. 030235, No. 030235, and No. 059471, the Defendant, without legitimate permission to use the trademark, on a large number of unspecified customers who visited the above “C” store, with the mark indicated the same as the trademark No. 030235, No. 030235, No. 059471, and the tobacco No. 1, for the purpose of sale.

Accordingly, the defendant infringed on the trademark right on the lubage belt.

Summary of Evidence

1. Statement by the defendant in court;

1. Original register of trademark registration;

1. Application of statutes on site photographs;

1. Article 230 of the relevant Act on criminal facts and Article 230 of the Trademark Act on the Selection of Punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 236(1) of the Trademark Act that is confiscated;

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

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