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(영문) 서울중앙지방법원 2016.05.19 2016고정601
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 one 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 such trademark on goods identical or similar to the designated goods.

Nevertheless, from April 18, 2015 to September 4, 2015, the Defendant used the mobile device “B” from the mobile device “B” to “B”, and sold the total number of fake goods, etc., which attached or stolen a trademark identical or similar to the trademark registered with the Korean Intellectual Property Office (hereinafter “Korea Intellectual Property Office”) without legitimate authority, such as the crime list (1).

On September 2015, the Defendant continued to use the mobile-based mobile device “B” from “B” to “B”, and posted a notice for the purpose of sale, such as fakes, which attached or stolen a trademark identical or similar to the trademark registered with the Korean Intellectual Property Office, without legitimate authority, as in the crime sight table (2).

Accordingly, the suspect infringed the trademark right of the above trademark right holder as above.

Summary of Evidence

1. Statement by the defendant in court;

1. An appraisal opinion;

1. A copy of a notice posted by the suspect at least once;

1. The list of refined prices and the register of trademarks;

1. Application of investigation reports (voluntary submission of forged goods and sales details) Acts and subordinate statutes;

1. Relevant legal provisions and Article 93 of the Trademark Act concerning facts constituting an offense. Article 93 (Selection of Penalty)

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

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