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(영문) 서울중앙지방법원 2018.05.29 2017고정2837
상표법위반
Text

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

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

Reasons

Punishment of the crime

No person shall possess goods identical or similar to designated goods on which another person's registered trademark or any other trademark similar thereto is marked for the purpose of transfer or delivery.

On May 26, 2017, the Defendant filed a lawsuit to transfer or deliver t bargaining 4 points (the presumption of good is 643,000 won in total) identical with the trademark right holder’s registration trademark “SCENE, 0840288)”, the trademark right holder’s “ScNE,” and similar trademark, at the front of the entrance of the Seoul Dongjak-gu Seoul Metropolitan Government Scromo Park.

Accordingly, the defendant infringed the trademark right of the above trademark right holder.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. A protocol of seizure and a list of seizure;

1. Seized articles and on-site photographs;

1. Application of Acts and subordinate statutes of the price list of silver products and the original register of trademark registration;

1. Article 230 of the relevant Act on criminal facts and Article 230 of the Trademark Act on the Selection of Punishment (Optional to Penalty);

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

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

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

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