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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2013.05.31 2013고정1630
상표법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who sells clothing from 137 of the fifth floor of the building B in Jung-gu in Seoul.

No person shall possess goods identical with or similar to the designated goods on which another person's registered trademark or any other trademark similar thereto is used for the purpose of transferring or delivering them.

Nevertheless, at around 21:58 on January 20, 2013, the Defendant: (a) held the right at the above store SA; (b) held the trademark registration number at the Korean Intellectual Property Office as the trademark registration number 040466; and (c) held the right at the wall cover 16 attached with a trademark similar to the trademark registration number at the Korean Intellectual Property Office; (d) three affixed with the trademark registration number 042015, and three affixed with the trademark similar to the “MIUUU”; and (e) held the trademark right of the said trademark right holder by displaying at the display stand to transfer or deliver four similar parts, such as the wall attached with the similar trademark at the Korean Intellectual Property Office as the trademark registration number 057648.

Summary of Evidence

1. Defendant's legal statement;

1. Each entry in the records of seizure and the list of seizure;

1. Entry of a copy of each original trademark register;

1. Application of video Acts and subordinate statutes to control site photographs;

1. Article 93 of the Trademark Act regarding facts constituting an offense and Article 93 of the relevant Act regarding the selection of punishment;

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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