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

The defendant is a person who sells adult goods.

No one shall, without permission, manufacture or sell a trademark identical with or similar to the registered trademark of another person using it on goods identical with or similar to the designated goods, or sell forged drugs.

Nevertheless, from the date of December 201 to March 15:00 on March 26, 2014, the Defendant: (a) sold a forged drug of the trademark “Non-Agra,” registered as the designated product for treatment of the development function disorder of the professional sports, and registered as the trademark registration number of the Korean Intellectual Property Office No. 0387169, which was registered as the trademark right holder in the United States of America, within the adult product store located in Tae-gu, Seo-gu, Seoul, 201, to consumers and many unspecified persons; (b) sold a forged drug of the trademark “Non-Agra,” which was registered as the trademark registration number of the Korean Intellectual Property Office No. 0387169, 1300 won at the market price of six political parties

Accordingly, the defendant infringed the trademark rights of the victim, and sold or stored counterfeit drugs for the purpose of sale.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of each seizure protocol and each photographic statute;

1. Relevant legal provisions concerning facts constituting an offense, Article 93 of the Trademark Act, Article 93 (1) 10 of the Pharmaceutical Affairs Act, and Article 61 (1) 1 of the same Act, and selection of fines, respectively;

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;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act does not seem to exist even when the defendant was punished for the same kind of crime.

However, the defendant is led to confession and is in depth against himself.

In this context, considering all the circumstances such as the defendant's age, character and conduct, means and result of the crime, circumstances after the crime, the punishment as ordered shall be determined.