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(영문) 서울중앙지방법원 2014.09.05 2014고정3711
상표법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who sells clothes, etc. at a “D” store located in Jung-gu Seoul Metropolitan Government, 3rd floor 52.

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

Nevertheless, at around 22:20 on June 10, 2014, the Defendant infringed on the trademark rights of the said trademark right holder by possessing and keeping 80 Don Nits’s total 80 (a total of 1,1280,000 won) at the time of the forgery of a forgery where a trademark identical or similar to a trademark is attached with the trademark attached to the Korean Intellectual Property Office (trademark No. 0243959) by using sports air conditioners as designated goods to the Korean Intellectual Property Office as the designated goods.

Summary of Evidence

1. Defendant's legal statement;

1. Records of police seizure and list of seizure;

1. Copy of the opinion of appraisal, and the original trademark register;

1. Application of Acts and subordinate statutes to photographs of the control site and seized objects;

1. Relevant Articles of the Act and Article 93 of the Trademark Act concerning facts constituting an offense;

1. Articles 70 (1) 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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