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(영문) 광주지방법원 2015.09.24 2015고정1273
상표법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person operating the Internet shopping mall of Gwangju Mine B apartment 202, and the “C and NAV Samp P”. No one may use a trademark identical with the other person’s registered trademark for goods similar to the designated goods or use a trademark similar to the other person’s registered trademark for goods identical with or similar to the designated goods. On May 29, 2015, the Defendant sold a mobile phone photograph identical with or similar to the other person’s registered trademark on the above Internet website (registration No. 110036, Mar. 6, 2003; trademark right holder Mark L. L.C.), which is registered with the Korean Intellectual Property Office (registration No. 10231, 10231; trademark right holder C.K.).

Summary of Evidence

1. Defendant's legal statement;

1. Report of investigation (Attachment to the original trademark register, etc.);

1. Photographss, on-sites, and product photographs by cutting down an online shopping mall;

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

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. Confiscation Article 48 (1) 1 of the Criminal Act, the main sentence of Article 67 of the Act on the Control of Narcotics, etc.;

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

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