logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.04.05 2017고정3881
상표법위반
Text

Defendant shall be punished by a fine of 1.5 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 sells clothes in the front of the Seoul Jung-gu Seoul Metropolitan Government Nowon-gu.

No one shall deliver, sell, forge, imitate or possess a trademark identical or similar to the registered trademark of another person for the purpose of using or making another person use such trademark on goods identical or similar to the designated goods.

Nevertheless, around 00:40 on September 12, 2017, the Defendant infringed another person’s trademark right registered with the Korean Intellectual Property Office by displaying, keeping, and selling a fake trademark, which is identical or similar to another person’s registered trademark, at the front store of Jung-gu Seoul Metropolitan Government, as indicated in the list of crimes, at the front store of Jung-gu Seoul Metropolitan Government, on the designated goods identical or similar to the designated goods.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. A copy of the trademark registration ledger;

1. Application of Acts and subordinate statutes concerning field photographs of crackdown;

1. Relevant Article 230 of the Trademark Act (integrated by registered trademark) and the selection of fines for criminal facts, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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

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

arrow