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(영문) 서울중앙지방법원 2018.04.26 2018고정410
상표법위반
Text

Defendants shall be punished by a fine of 1.5 million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

1. On June 2017, Defendant A entered a trademark identical or similar to the “E” registered with the Korean Intellectual Property Office, into the “E” and “F” on the website of the “E” and “E nitius,” and Defendant A’s trademark right was infringed upon the victim’s trademark by displaying and selling to many unspecified consumers to sell golf.

2. The Defendant’s employee A committed an act in violation of the Trademark Act regarding the Defendant’s business, as set forth in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police in relation to G;

1. Complaints, trademark registration certificates, and evidential materials for infringement of suspect's trademark rights;

1. Application of Acts and subordinate statutes to a investigation report (Submission of data on transactions with HS and details of direction by a prosecutor);

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 230 of the Trademark Act; Selection of fine

B. Articles 235 and 230 of the Trademark Act

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

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

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