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(영문) 대전지방법원 천안지원 2016.09.23 2016고정38
상표법위반등
Text

The sentence against the accused shall be determined by a fine of one million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The Defendant violated the Trademark Act: (a) concluded a contract for the manufacture, distribution, and sale of the consignment goods for a young child with the trademark of “C” with the victim corporation D and “C” possessing the trademark right; and (b) terminated the contract period on November 22, 201.

From November 23, 201 to July 8, 2013, the Defendant disposed of inventory quantity, such as the existing finished products, on the second floor of the Northwest-gu E factory in Yananananan-si, Seoan-gu, and received a delivery of a gram certificate from the injured party, the Defendant used the victim’s “C” trademark in manufacturing a product similar to the design design of the designated goods, and sold it through F, G, etc., thereby infringing the victim’s trademark right.

2. A manufacturer or importer of an industrial product subject to self-regulation in violation of the Quality Control and the Safety Control of Industrial Products Act shall undergo a test and inspection on the safety of each model of the industrial product subject to self-safety verification on his/her own, confirm that the industrial product conforms to the safety standards, and report

Nevertheless, the defendant did not report to the authorities on the safety of the infant care goods, which are industrial products subject to self-safety verification at the same time and place as Paragraph 1.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and I;

1. The second written protocol concerning the examination of the accused to the prosecution;

1. A protocol concerning the examination of each police in relation to F and G;

1. Each police statement made to I and H;

1. A copy of evidential data, the original register of trademark registration, the appraisal of goods infringing on intellectual property rights, online spread status, fact confirmation, a written application, a written application, a contract-related chart, a contract (D-J/D-K), K stamp application, e-mail exchanged with H, e-mail exchanged with H, reply to a request for investigation cooperation, and one copy of an internal instruction for failure to pay in 201;

1. The address and the cover photograph of the invoice delivered, the photo of K-related photograph, the photo of the distributor, the photo of the place of seizure of the A factory in Chuncheon A, the photograph of the F factory seizure site; and

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