logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.04.09 2015고정695
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

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

Nevertheless, at around 14:45 on December 2, 2014, the Defendant infringed another person’s trademark right registered with the Korean Intellectual Property Office by displaying and attaching a fake trademark that is identical or similar to another person’s registered trademark on goods identical or similar to the designated goods, such as the list of crimes in attached Form 85 at D-dong, Jung-gu, Seoul, on the ground that the Defendant displayed and attached a fake trademark to the store for sale.

Summary of Evidence

1. Defendant's legal statement;

1. The police seizure record and the list of seizure;

1. An appraisal opinion;

1. Copy of the original trademark register;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 93 of the Trademark Act (General Provisions) and the selection of fines;

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

arrow