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(영문) 대구지방법원 2016.01.27 2015고정2963
상표법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

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

However, on April 8, 2014, the Defendant committed a violation of the Trademark Act by having 165 points, such as bags, bags, etc., attached with a forged trademark at KRW 29,479,00 (225,58,200 in total at 160 times from around September 8, 2015) in the following manner: (a) the Defendant had the intent to sell counterfeit trademark goods through Kakao Stoo “A” operated by her Defendant; (b) sold a Buyer’s 165 points to D; and (c) received money from KRW 123,00 from around that time to September 8, 2015; and (c) thereby infringing on the right of trademark, such as “LOUIITITITNNNNNN”, “GUCCN”, “CHESNN” registered in the Korean Intellectual Property Office.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of police seizure and list of seizure;

1. A written appraisal of goods;

1. An import declaration;

1. A certificate of the results of deposit transactions, a detailed statement of the entry and withdrawal of Korean banks, and a detailed statement of the entry and withdrawal of Daegu Bank;

1. Original registers of trademarks other than those of the MM of trademark rights, and information on trademark rights publications;

1. Application of the laws and regulations on the screen screen to the Kakao Scaro Scaro Kakao Scaro Kakao Kakao Kakao Kakao Kakao Kakao Kakao Kao Kakao Kao Kao

1. Relevant Article of the Act and Article 93 of the Trademark Act regarding facts constituting an offense (Optional to a 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 97-2 (1) of the Trademark Act that has been confiscated;

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

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