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(영문) 대구지방법원 포항지원 2018.01.17 2017고정457
상표법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No one shall use, manufacture, sell, or keep a trademark identical or similar to another person's registered trademark on goods identical or similar to the designated goods, and shall not cause confusion with another person's business facilities or activities by using any trademark identical or similar to the name, trade name, emblem, or any other mark widely known in the Republic of Korea as the one indicating another person's business.

1. From around May 23, 2012 to May 23, 2017, the Defendant violated the Trademark Act: (a) operated a store store with the trade name “D” in the north-gu north-si; (b) the Defendant, the head of the Defendant, a fisheries company, along with the victim’s head of the fishery company, displayed and sold the ties attached with the trademark “E,” “F,” “G,” and “H,” which are similar to the trademark registered with the Korean Intellectual Property Office under Article 0828260 as the designated goods with the electric rupture, etc.; and (c) infringed the trademark right by displaying and selling the ties attached with the trademark “E”, “E,” “G,” and “H”.

2. The Defendant violated the Unfair Competition Prevention and Trade Secret Protection Act, which was widely known at the same time and place in Korea, used the signboards “E,” “E,” “F,” “G,” and “H”, which are similar to the signboards of “ma”, “E,” “F,” “H,” and “the victim’s business facilities or activities.”

Summary of Evidence

1. Partial statement of the defendant;

1. Complaint;

1. Business registration certificate, the original register of service marks, and certification of contents;

1. Application of Acts and subordinate statutes to photographs showing evidence on the spot;

1. Relevant legal provisions concerning facts constituting an offense, Article 230 of the selective Trademark Act (the point of infringement of trademark rights), Article 18(3)1 and Article 2 subparag. 1(b) of the Unfair Competition Prevention and Trade Secret Protection Act (the point of an unfair competition act), and the selection of fines, 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. As to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act.

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