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

The Defendant is the representative of “B” of an importing company that imports sprinks, such as water gun and block, from China and sells them to domestic wholesalers.

No person shall use a trademark identical with the registered trademark of another person for goods similar to the designated goods, or a trademark similar to the registered trademark of another person on goods identical with or similar to the designated goods.

Nevertheless, the Defendant purchased 9,600 soil produced by using the US's trademark "TY STRY" without permission through Chosun C to act on behalf of China. On January 2, 2015, the Defendant shipped NGB2, which entered China for sale in Korea, into the third designated storage of Incheon Customs Office No. 3, but was discovered in the process of analyzing the cargo information of Incheon Customs and examining the cargo to be managed.

Accordingly, the Defendant infringed another’s trademark right by importing a forged soil that used the trademark “TY STRY” registered with the Korean Intellectual Property Office as a trademark registration number No. 0891846 as a designated product by the U.S. “D.” without permission from the Defendant for the purpose of selling it to domestic pet wholesalers, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of the statutes of the original trademark register;

1. Article 93 of the relevant Articles of the Trademark Act concerning facts constituting an offense;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.