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(영문) 부산지방법원 2020.02.18 2019고정1476
상표법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who operates a clothing store in the vicinity of Busan Jung-gu B.

No person shall transfer or deliver goods identical with or similar to designated goods bearing a trademark identical with or similar to the registered trademark of another person, or exhibit, possess, export or import such goods for such purpose.

Nevertheless, at around 20:30 on June 18, 2019, the Defendant displayed and stored counterfeit goods, such as fake clothes, on which a trademark identical or similar to the trademark of C (owner of a trademark right D company and trademark registration number E) registered with the Korean Intellectual Property Office, and infringed the trademark rights of each owner of a trademark right by displaying and keeping them for sale as shown in the list of crimes in attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. The original trademark register;

1. Police seizure records;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Relevant Article 230 of the Trademark Act concerning facts constituting an offense and the choice of punishment, respectively;

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 236(1) of the Trademark Act that is confiscated;

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