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(영문) 서울서부지방법원 2012.11.07 2012고정1200
상표법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No one may transfer or deliver, or exhibit for such purpose, goods identical with or similar to the designated goods on which another person’s registered trademark or a trademark similar thereto is marked, without any justifiable reason for use, the defendant is a person engaged in on the street,

1. From around 07, 201, around 07, the trademark right of the above trademark holder is infringed by selling one point below the verification color lael trademark forged and attached in the front of Eunpyeong-gu Seoul, Seoul to C, by receiving KRW 20,000 won;

2. At around 19:30 on December 201, 201, at the same place as at 19:19:30: (a) 70 points in the upper part of the sports clothes on which the nex trademark is forged and affixed; (b) 41 points in the aggregate on which the nex trademark is forged and attached; (c) 46 points in the lower part of the sports clothes on which the nex trademark is forged and affixed; (d) 7 points in the sports clothes on which the nex trademark is forged and forged; (d) 4 points in the sports uniforms on which the nex trademark is forged and affixed; (d) 11 points in the sports clothes on which the nex trademark is forged and affixed; and (d) 3 points in the nex trademark on which the nex trademark is forged and forged and affixed; and (d) 41 points in the total on which the trademark is infringed upon the trademark right holder’s trademark right holder’s display without permission for the purpose of sale.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes to photographs and external photographs of vehicles, and photographs of seized articles;

1. Article 93 of the relevant Act and Article 93 of the Trademark Act regarding criminal facts and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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;

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