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(영문) 서울남부지방법원 2016.06.28 2016고정755
상표법위반
Text

Defendant

A shall be punished by a fine of KRW 10,000,00, and by a fine of KRW 5,000,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A, while operating the main office C, is a person who replaces and repairs Aphone clphone clocks, distributions, etc., and Defendant B is a person who operates C additional digital information.

1. Defendant A, around October 14, 2015, operated the headquarters with the trade name of 10 stories of 14:27, Jung-gu Seoul Special Metropolitan City D Building 1005, the 10th floor of Da-gu, Jung-gu, Seoul Special Metropolitan City, as an Alopon/hopon repair professional store, and had a franchise store in various places, such as digital additions.

Defendant

A, registered with the Korean Intellectual Property Office (No. 45-029798 and 45-01119), displayed 26 Handphones 6 and Handphones 26 for the purpose of sale, and sold at least 110,000 won per 1,00 won per 1,00 won per 1,00 won, with the operation of “E” on the Internet as if the operation of “E” was accepted, and violated the above trademark rights, such as opphones, opphones, opphones, opphones, and tubes.

2. Defendant B, around November 18, 2015, sold 13:50,000 won per 50,000 square meters per 1,10,000 won per 50,00,000 won per 110,000,000 won under the ground of the F Building of Geumcheon-gu Seoul Metropolitan Government, which was registered with the Korean Intellectual Property Office (No. 45-029798 and 45-0119), without permission, affixed the trademark right to the trademark, 60,00 6,00 6,00 6,00 0,000, and 5,000 0,00 for sale. The Defendant B infringed the trademark right by installing G signboards and selling them with a label as if it was a genuine repair store.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with H;

1. Purchase details (110,00 won);

1. An appraisal report, a photograph, an appraisal report, or a criminal investigation report (Attachment to an appraisal report);

1. Each protocol of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to the name-dong head office, additional digital points, and seized articles;

1. Defendants: Article 93 of the Trademark Act and the selection of fines for negligence on the facts constituting the crime

1. The former part of Article 37 of the Criminal Code for the aggravation of concurrent crimes;

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