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

피고인은 2014. 7. 4.경 대구 달서구 C에서 ‘D’을 운영하면서, ‘샤넬’이 상표 등록한 ‘샤넬’(상표등록번호 제0309448호)과 동일ㆍ유사한 상표가 부착된 가방 12점(정품 시가 약 1,368만원 상당) 및 ‘루이비똥 말레띠에’가 상표 등록한 ‘루이비똥’(상표등록번호 제0426944호)과 동일ㆍ유사한 상표가 부착된 가방 17점(정품 시가 약 5,270만원 상당) 등 합계 29점을 양도 또는 인도하기 위하여 소지하는 행위를 하였고, 그 외에 ‘구찌’ 상표 부자재 1점과 ‘프라다’ 상표 부자재 1점을 보관하였다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure by prosecution;

1. A written appraisal and the original trademark register, and the original trademark register;

1. A copy of the c delivery receipt and account book; and

1. Each existing case set forth in Articles 7, 8, 14, 15, 16, and 17 of this Act;

1. Photographs;

1. Application of investigation reports (report on liquidation of current prices of seized articles) Acts and subordinate statutes;

1. Relevant Article of the Trademark Act and Article 93 of the Trademark Act (with respect to punishment, referring to imprisonment, with prison labor as a whole) 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 and Article 48 (1) 1 of the Criminal Act of the same Act;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is a crime that damages the legitimate rights of the trademark right holder and the trust of the trademark of the consumers, and its nature cannot be deemed to be light. Furthermore, even during the same period of probation, the defendant needs to strictly punish the defendant by lowering the crime of this case, even though he is under the same period of probation.

However, not only the quality of counterfeit goods is high, but also the price difference with the authentic goods can be easily identified by the general public, and the amount of counterfeit goods possessed and kept by the defendant is not large.