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(영문) 서울동부지방법원 2017.05.16 2017고정312
상표법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a warehouse for storage of counterfeit goods under a trade name, i.e., the Won-gu Seoul Special Metropolitan City B 6th 605 “C”.

On October 25, 2016, the Defendant: (a) held, at the above storage, a trademark holder’s trademark right infringement to sell a total of 41 points of counterfeit products bearing a forged trademark, such as five punishments attached to the BALMAIN (Trademark No. 0981507) as indicated in the attached list of crimes, which is a registered trademark of “BALMAIN”, the trademark holder’s “severfed from the date of completion of the operation.”

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of control certificate and Acts and subordinate statutes at the scene of regulation;

1. Article 230 of the Trademark Act and the choice of fines, respectively, for facts constituting an offense;

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

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

1. The grounds for sentencing under Article 236(1) of the Trademark Act include the following: (a) the Defendant committed the instant crime while serving a criminal trial for the same kind of crime; (b) the Defendant’s possession of counterfeit goods is considerably large; and (c) the price of counterfeit goods and the type of the trademark infringed upon; and (d) the Defendant’s age, sex, and environment as indicated in the instant argument, shall be determined by taking into account the various sentencing conditions

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