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(영문) 수원지방법원 2019.08.13 2019고정662
상표법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 18:30 on February 4, 2019, the Defendant: (a) set up a store in front of Osan City B; (b) set up a store on the top of B; (c) six shapes on which a trademark registration number was attached by D company to the Korean Intellectual Property Office; (d) 20 shapes on which a service mark was attached by G company registered as H; (c) 18 shapes on which a trademark registration number was attached; (d) two shapes on which a trademark was attached by J company to K with its trademark registration number number; (e) 15 shapes on which the trademark was attached; (e) 18 shapes on which the M company registered as N with its trademark registration number; (e) 2 shapes on which the trademark was attached; and (e) registered as S company with its trademark registration number registered as Q; and (e) registered as 1) on which the trademark registration number was attached by M company’s trademark registration number.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements;

1. On-site photographs;

1. The list of seized articles, records of seizure and the list of seized articles;

1. Application of Acts and subordinate statutes to report on investigation (Attachment to Trademark Register);

1. Article 230 of the Trademark Act (limited to each registered trademark) and the selection of fines as to the facts constituting an offense;

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;

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

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