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(영문) 의정부지방법원 고양지원 2013.09.26 2013고정1224
상표법위반
Text

Defendant

A Co., Ltd. shall be punished by a fine of 1,00,000 won, and Defendant B shall be punished by a fine of 1,00,000 won.

Defendant

B above.

Reasons

Punishment of the crime

1. Defendant B is a representative director A, a corporation.

From August 8, 2012 to September 14, 2012, the Defendant infringed on the victim’s trademark right by selling or possessing the 80 clothes, etc. on the part of the Defendant, which registered with the Korean Intellectual Property Office the clothes, etc. as designated goods on June 30, 2006, on the part of the date of the victim’s front-hand Roster Co., Ltd. as the designated goods, from August 8, 2012 to September 14, 2012.

2. The Defendant, a corporation, at the same time and place as in the preceding paragraph, violated the Defendant’s trademark right by selling or possessing for sale the clothes bearing “Lesp” trademark, as in the preceding paragraph, at the Defendant’s representative director B, for the Defendant’s business.

Summary of Evidence

1. Defendant B’s legal statement

1. Statement of the police statement regarding C;

1. Trademark registration certificate;

1. A certified transcript of the corporate register;

1. Application of statutes governing Internet images;

1. Article applicable to criminal facts;

A. Defendant B: Article 93 of the Trademark Act; Selection of fine

B. Defendant A: Articles 97 and 93 of the Trademark Act

1. Defendant B of detention in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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