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(영문) 대전지방법원 2017.01.13 2016고정1351
상표법위반
Text

1. The defendant shall be punished by a fine of four million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

Defendant

A is a person who resides in Gwangju Mine-gu B and 101, and sells clothing in the trade name "D" with the 1st floor of Gwangju Northern-gu C.

No person shall infringe on a trademark right by delivering, selling, forging, forging, or possessing, for the purpose of using or making another person use the trademark registered by another person or a trademark similar thereto, although it is identical or similar to the designated goods on which another person’s trademark is

Nevertheless, around October 2015, Defendant A is so-called “Daama” as a wholesaler in the street store in Seoul E market.

After purchasing a forged bag from “D” on the 13rd floor of Gwangju Northern-gu, Gwangju Northern-gu, for the purpose of selling counterfeit goods of 13 owners of the 13 trademark rights (24,309,500 won at the market price of the good), as indicated in the list of crimes in the attached Table, the following was possessed (storage).

Accordingly, on January 17, 1985, Defendant A infringed on the trademark registration of the trademark (registration number 0109060) with the Korean Intellectual Property Office (registration number 0109060).

Summary of Evidence

1. Statement by the defendant in court;

1. AA-1510-140467), a certificate of investigation, on-site photographs, records of seizure, and list of search and seizure;

1. Application of the Acts and subordinate statutes governing the appraisal price list and the ledger for registration of each trademark;

1. Article 93 of the former Trademark Act (amended by Act No. 14033, Feb. 29, 2016; hereinafter the same) and Article 93 of the former Trademark Act (amended by Act No. 14033, Feb. 29, 2016; hereinafter the same shall apply), each of

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 97-2 (1) of the former Trademark Act that has been confiscated;

1. The sentencing period of Article 334(1) of the Criminal Procedure Act is long as the Defendant sells forged goods, the quantity of counterfeit goods possessed for sale is not small, and the infringement of trademark rights is disadvantageous to the Defendant.

However, it is against the defendant, and the defendant's business is well-grounded.

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