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(영문) 서울북부지방법원 2020.11.27 2020고정1457
상표법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On May 29, 2020, the Defendant displayed 82 of the total number of six trademark right holders, such as the 38 clothes on which the registered trademark E (F) of the trademark right holder D is marked, in front of the C Association relay branch in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, to sell 82 goods, such as the attached list of crimes.

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Attachment of printed materials of trademark right registration information), internal investigation report (suspect's telephone statement);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 230 of the Trademark Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the Attraction of Detainment in Labor House and Article 70 (1) and Article 69 (2) of the Criminal Act;

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

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

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