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(영문) 대전지방법원 2014.01.08 2013고정2225
상표법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a store selling adult products with the trade name “C” in Suwon B and 104.

No person shall infringe on a trademark right by an act of possessing, for the purpose of transfer or delivery, the goods identical with or similar to the designated goods bearing a trademark registered by another person or a trademark similar thereto without any justifiable reason.

Nevertheless, on March 27, 2013, the Defendant: (a) transferred or sold a total of 10 points (108,000 won at the market price of the product) of forged non-Agrain donation pre-divating drugs; and (b) possessed it to transfer or sell it.

Accordingly, on April 15, 1976, the Defendant infringed on the trademark right of the “finite interest” registered with the Korean Intellectual Property Office (registration number 0045361) on April 15, 197.

-a summary of evidence held by the United States of America 10 10,800,000 per unit price of the trademark right holder of the trademark registration No. 1 of the No. 1- flive trademark name trademark registration No. 1,000 (pflgr) and (pflgr) non-flives (flives prior to production) 045361 and prob

1. Defendant's legal statement;

1. Statement of D police statement;

1. Seizure records;

1. The application of the statutes of the trademark register, separation list, and trademark registration;

1. Article 93 of the Trademark Act concerning criminal facts;

1. Selection of an alternative fine for punishment;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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