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(영문) 서울중앙지방법원 2015.01.30 2015고정143
상표법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who sells clothing in Jung-gu Seoul, Seoul, the second underground floor C store.

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

Nevertheless, at around 01:20 on October 15, 2014, the Defendant displayed and stored in the store a total of 25 points of clothing 25 points on which a trademark identical or similar to another person’s registered trademark is marked and attached without permission on goods identical or similar to the designated goods at the store, thereby infringing another person’s trademark right registered with the Korean Intellectual Property Office.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the original trademark register;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to an appraisal report;

1. Article 93 of the relevant Act concerning criminal facts and Article 93 of the Trademark Act regarding the selection of fines;

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

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;

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