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(영문) 서울동부지방법원 2013.08.13 2013고정1362
상표법위반
Text

The sentence against the accused shall be determined by a fine of KRW 1,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant operated the clothing retail store with the trade name “D” at the store C 1-1 in Guro-gu Seoul Metropolitan Government, and from February 2013, the Defendant kept 49 bags and land bags with a total of 11 false trademark attached to the above store (6.100,000 won at the estimated price of goods) around March 21, 2013, and infringed on each trademark right by selling bags, land bags, and land bags with a false trademark on the same shape as “LOUIS VUITON” (No. 059471 of the trademark registration number) for sale in the above store.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the records of seizure and list of seizure, detailed inquiry table of trademark rights registration, investigation report (report on confirmation of the estimated market price of goods);

1. Article 93 of the Trademark Act concerning facts constituting an offense;

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

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

1. Article 97-2 (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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