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(영문) 서울중앙지방법원 2017.12.14 2017고정3656
상표법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 13:30 on June 19, 2017, the Defendant: (a) kept at least 781 points for sale, such as a fake, a fake, a fake, and a fake, which attached or stolen a trademark identical or similar to another person’s trademark registered with the Korean Intellectual Property Office without a legitimate title, in the C Apartment Chapter, the Defendant, at around 13:30 on June 19, 2017, for the purpose of using or making another person use goods identical or similar to the designated goods on which another person’s registered trademark or any other trademark similar thereto is indicated; (b) kept goods for sale (a fixed price: 84,831,600 won).

Accordingly, the defendant infringed the trademark rights of the above merchandise coupon holders.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of police seizure, list of seizure and report on investigation;

1. Application of the statutes of the register of trademarks to simple information bulletin board, on-site control photographs, appraisal opinion, evidentiary materials seized, evidence keeping site photographs, and the register of trademarks;

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

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

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

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

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

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