상표법위반
Defendant shall be punished by a fine of 1.5 million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
No person shall deliver, sell, forge, forge, or possess a trademark identical or similar to the registered trademark of another person for the purpose of using or making another person use such trademark on goods identical or similar to the designated goods.
Nevertheless, around 00:50 on November 16, 2018, the Defendant infringed on the trademark rights of others by displaying or attaching the trademark identical or similar to the registered trademark of others, such as the clothes identical or similar to the designated goods, and 17 points on the cap, at the later street points in Jung-gu Seoul Metropolitan Government, Jung-gu, Seoul, and then displaying or keeping them for sale.
Summary of Evidence
1. Defendant's legal statement;
1. A seizure record and a list of items voluntarily produced;
1. Sovereign photographs;
1. Application of Acts and subordinate statutes of a copy of trademark register;
1. Where an act of infringement of trademark rights as prescribed in Article 93 of the former Trademark Act regarding facts constituting an offense and Article 230 of the Trademark Act (see, e.g., Supreme Court Decision 2009Do10759, Jul. 14, 201) regarding the selection of punishment is continued, only one crime is established by combining each trademark right holder and each other, barring any special circumstance. Thus, barring any special circumstance, a single crime cannot be deemed established by combining several acts of infringement of trademark rights different from the registered trademark (see, e.g., Supreme Court Decision 2009Do10759, Jul. 14, 201). Each selective
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 236(1) of the Trademark Act that is confiscated;
1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The defendant has the same record twice.
The quantity of products displayed and stored by the defendant shall be less than the quantity.
The fact that the above goods are sold at low prices in the street stores is very low, so it is not likely to be mistaken for a serious product.
The defendant is wrong.