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(영문) 부산지방법원 동부지원 2017.12.21 2017고정979
상표법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall use any service table identical to the table of registered services of another person for goods similar to the designated goods or use any service table similar to the table of registered services of another person for goods identical with or similar to the designated goods.

On May 20, 2015, the injured party B filed an application for the "C" and "D" of the service list for the online clothing sales business, and registered (registration number E, F) as a service list with the Korean Intellectual Property Office around March 22, 2016, and sold clothes, shoes, etc.

From December 2, 2016 to January 23, 2017, the Defendant operated the shopping mall (H) at the Defendant’s home located in Busan-gun G and 103 Dong 1001, and infringed the Defendant’s right to use the service tag “C” on the said shopping mall site without permission of the said victim to sell clothing, shoes, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Application of the Acts and subordinate statutes of the complaint filing statement, H photographs, CNA sales photographs, and C Service Schedule

1. Article 230 of the relevant Act on criminal facts and Article 230 of the Trademark Act on the Selection of Punishment (Optional to Penalty);

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

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

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