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(영문) 서울중앙지방법원 2013.11.14 2013고정5388
상표법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On August 22, 2013, the Defendant: (a) around 21:30 on August 22, 2013, the Defendant: (b) held 27 clothing 31 bearing a trademark similar to the registered trademark, on the transfer route of Jongno-gu Seoul, 95-ro 3, on which the Defendant violated the trademark right by possessing 75 clothes bearing a trademark similar to the registered trademark, such as 2,000 won or 3,000 won or 3,000 won per one, bearing a trademark similar to the registered trademark, on which the trademark similar to the trademark, is marked; (c) 31 of clothes bearing a trademark similar to the “Bk”; and (d) 12 of clothing bearing a trademark similar to the “Nish”; and (e) 4 of clothes bearing a trademark similar to the trademark

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant Article 93 of the Trademark Act concerning facts constituting an offense and the choice of punishment, respectively;

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

1. Articles 70 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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