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(영문) 대전지방법원 2019.03.28 2018고단3911
상표법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall deliver, sell, or possess a trademark identical with or similar to another person's registered trademark for the purpose of using it for goods identical or similar to the designated goods, and shall possess any goods identical or similar to the designated goods bearing the registered trademark of another person or any other trademark similar thereto for the purpose of transferring or delivering such goods.

On July 2015, the Defendant: (a) around the warehouse located in Daejeon-dong, Daejeon; (b) around December 2015, the Defendant kept to transfer or deliver to the Korean Intellectual Property Office 225,000 cosmetics equivalent to KRW 5,00 ( KRW 45,000 per opening of the fixed goods) at the market price of the fixed goods bearing the trademark registration (D registration number E on the date of registration) as designated goods; and (c) until December 2015, the Defendant kept 9,944 of the total market price of the fixed goods at the warehouse by December 447,480,00 in order to transfer or deliver cosmetic 9,944.

Accordingly, the defendant used a trademark identical to the registered trademark of another person on goods similar to the designated goods, and possessed the goods to transfer or deliver them, thereby infringing the trademark right of the third person.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol of suspect examination of the police against the defendant, G, or H (including the part concerning the statement of the I);

1. Statement of the police statement to I;

1. Records of seizure and the list of seizure;

1. Each report on investigation;

1. Korean Intellectual Property Office Trademark Gazette, etc.;

1. A written accusation;

1. Each party's written examination record;

1. Electronic tax invoices;

1. Application of Acts and subordinate statutes governing recording records;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the defendant's assertion under Article 236 (1) of the Confiscation Trademark Act

1. The gist of the assertion is that the cosmetic of this case was mediated with the knowledge of the fact that it was a serious product, but thereafter, it was confirmed that it was a valuable product, and thus, it was sold 5,000 among them.

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