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

The defendant is a substantial operator of C.

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

From April 27, 2005 to April 19, 2012, the Defendant infringed on the victim’s trademark right by attaching a trademark identical or similar to the trademark registration (trademark registration number F) that the victim E registered with the Korean Intellectual Property Office to an unspecified customer from the Busan Suwon-gu D store, to the bet lease at the bet shop D, Busan-gu, Busan, and selling it to an unspecified customer.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement by each prosecutor's office or police in relation to the defendant or G;

1. A complaint;

1. Application of Acts and subordinate statutes to a written application for investigation (each Korean Intellectual Property Tribunal's decision and patent court's decision);

1. Relevant legal provisions concerning facts constituting an offense and Article 93 of the Trademark Act (a comprehensive selection of fines, etc.);

1. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);

1. The defendant and his defense counsel asserted on the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order. The defendant and his defense counsel asserted that the defendant had the right to continue to use the trademark as the prior user, since the defendant used the trademark of this case before the registration of the trademark of this case.

Article 57-3 of the Trademark Act, which provides for the right to continue to use a trademark following the prior use of a trademark, is a newly established provision at the time of the amendment of the Trademark Act by Act No. 8190 on January 3, 2007. Article 7 of the Addenda of the above Act provides that the above provision shall apply to the trademark of this case filed on or after July 1, 2007, where the prior user first files an application for registration of another person and satisfies the requirements of the amended provision.