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(영문) 대구지방법원 2014.09.24 2014고정1596
상표법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 700,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

On April 18, 2014, the Defendants: (a) around 13:35, at the “E” clothes sales store located in Daegu-gu, Daegu-gu, the third floor 5:129; (b) the Defendants were supplied 17 points on the wall with a trademark identical or similar trademark attached to the “lulux” (registration number No. 0118012); and (c) the Defendants were supplied two points on the wall with a trademark identical or similar to the “luxuri” (registration number No. 050439) with the trademark registration; and (d) carried one point on the wall with two points and one point on the wall attached with a trademark identical or similar to the “luxuri” (registration number No. 050439) with the trademark registration number, and carried on possession to transfer or deliver it.

As a result, Defendants conspired to infringe trademark rights of trademark right holders.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement;

1. Seizure records;

1. Application of Acts and subordinate statutes governing seized articles;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 93 and 30 of the Trademark Act (Selection of Fine)

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

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A: Article 97-2 (1) of the Trademark Act;

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