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(영문) 서울중앙지방법원 2015.01.28 2014고정5481
상표법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall deliver, sell, forge, forge, or possess a trademark identical or similar to another person's registered trademark for the purpose of using or making another person use such trademark on goods identical or similar to the designated goods.

Nevertheless, at around 12:55 on August 27, 2014, the Defendant, in collusion with B, possessed the trademark right of the said trademark right holder for the purpose of selling the clothing total of 78 points, such as 14 points, which had the same trademark as the trademark registered under No. 063855, within the subway history of 5-ro 5, Sejong-ro 5, Jongno-gu Seoul, Seoul, for 124-8.

Summary of Evidence

1. Each police interrogation protocol on the accused and B;

1. Each statement of B and C;

1. Application of the statutes of the register of seizure, list of seizure, and trademark;

1. Article 93 of the relevant Act, the Trademark Act, and Article 30 of the Criminal 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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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