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(영문) 대전지방법원 2014.12.18 2014고정1892
상표법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 clothing sales store under the trade name of Daejeon Middle-gu World Trade Organization C or 43.

No trademark identical or similar to another person's registered trademark shall be delivered, sold, counterfeited, copied, or possessed for the purpose of using or making another person use such trademark on goods identical or similar to the designated goods.

Nevertheless, the defendant 2014

7. At around 30:30, at the above store, the trademark of "Nopanish (trademark registration number: 035624)" registered with the Korean Intellectual Property Office without permission is 49 points on the child's use, 24 points on the child's use, 8 points on the child's use, 18 points on the child's use, 14 points on the child's use, 3 points on the child's use, 3 points on the child's use, 03540) and 49 points on the trademark of "Nopanish (trademark registration number: 03624)" attached without permission, which is attached to the trademark of "Nopanish (trademark registration number: 0205693)", and 1 points on the child's use, 24 points on the child's use, 3 points on the trademark of each owner of the trademark right, 90 points on the trademark of each owner of the trademark right, and 40 points on the oral sale of "No 160.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of seizure records and photographs under each Act and subordinate statutes;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that even if the defendant had the same criminal record, it is inevitable to strictly punish the crime of this case.

However, the defendant is led to confession and is in profoundly against himself.

Accordingly, considering all the circumstances such as the defendant's age, character and conduct, and circumstances after the crime.

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