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(영문) 대구지방법원 서부지원 2014.09.17 2014고정792
상표법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates a factory with trademarks, marks, etc. attached to various clothes using automatic self-denunciation devices on the first floor of Daegu-gu B from 30 square meters.

On April 15, 2014, the Defendant, at around 15:30 on April 15, 2014, made 138 punishments by attaching the same trademark as the trademark registered with the Korean Intellectual Property Office by the victim copik, attaching the same trademark as the trademark registered with the Korean Intellectual Property Office by using automatic self-denunciation equipment, which is kept in the clothing purchased by the Defendant at the above factory, and infringed the victim’s trademark right by keeping it in the above factory for sale.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the collection of intelligence and the receipt of reports on the collection of intelligence;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (investigation of automatic self-denunciation devices), investigation reports (on-site control results), investigation reports (trademark register), investigation reports (survey of whether or not the goods are fixed and the fixed prices are fixed), investigation reports (proving of articles subject to seizure);

1. Article 93 of the Trademark Act and Article 93 of the same Act concerning criminal facts and the choice of fines;

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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