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(영문) 부산지방법원 2015.06.04 2015고정1278
상표법위반
Text

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

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

Reasons

Punishment of the crime

around 10:51 on September 4, 2014, the Defendant: (a) sold bags in Busan Southern-gu C Burial; (b) held a trademark identical or similar to a trademark attached to the “GUCC, 500, 000, 100,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000.

Accordingly, the defendant infringed the trademark rights of the above trademark right holder.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Each police investigation report (in relation to photographs of the control site, taking photographs of seized articles, and attaching a trademark register);

1. Business registration certificate and the original trademark register;

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

1. Relevant laws and the choice of punishment under Article 93 of the Trademark Act concerning 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 97-2 (1) of the Trademark Act that is confiscated;

1. Kinds, quantities, previous records, etc. of goods infringing on trademark rights for the reason of sentencing;

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