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(영문) 부산지방법원서부지원 2020.09.11 2020고정63
상표법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a clothing retail store in Busan Gangseo-gu with the trade name "C".

No person shall possess goods identical or similar to designated goods bearing another person's registered trademark or any other trademark similar thereto for the purpose of transfer or delivery without legitimate authority to use the trademark.

around October 2018, the Defendant: (a) possessed one point ( approximately KRW 1,034,00 in the market price of the fixed goods) on which the trademark identical to D’s registered trademark (registration number E) is indicated at the above store; and (b) infringed on each trademark right holder’s trademark by possessing one point ( approximately 467,260 won in the market price of fixed goods) on which the trademark identical to F’s registered trademark (registration number G) is indicated at the same store around April 15, 2019.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Receipt and report of distributors of counterfeit goods, report on internal investigation (up to the result of regulation) by information, photographs of seized articles, business registration certificate for seizure, copies of copy of trademark registration, investigation report by the original register of trademark (up to the calculation of the

1. Article 230 of the Trademark Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution (it shall be taken into consideration that there is a reason to consider the fact that the defendant does not repeat again, that there is a reason to consider the circumstances leading to the crime, and that there is no same military force);

1. Articles 70 (1) and 69 (2) of the Criminal Act for confinement in a workhouse (where a sentence of suspension of execution of punishment becomes void or revoked and the defendant fails to pay a fine);

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