Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

피고인은 2017. 9. 5. 14:05 경 서울 강북구 C에 있는 피고인이 운영하는 ‘D’ 금은방에서, 카르 티에 인터 내셔널 아게 가 보석 반지 등을 지정상품으로 대한민국 특허청에 상표 등록한 ‘CARTIER’ 상표( 등록번호: 제 1120182호) 와 유사한 상표가 부착된 펜던트 1점, 반지 3점, 팔찌 2점, 샤넬이 귀걸이 등을 지정상품으로 대한민국 특허청에 상표( 상표 등록번호: 제 0304800호) 와 유사한 모양의 상표가 부착된 팔찌 2점, 반지 2점, 귀걸이 1 쌍, 펜던트 2점을 판매할 목적으로 보관하여 피해자들의 상표권을 침해하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F and G;

1. Original register of trademark registration;

1. The protocol and list of seizure [the defendant and his defense counsel seizes articles recorded in the facts constituting a crime as forced by the police without a warrant despite the absence of the defendant's voluntary submission of the seizure articles, and this constitutes evidence of illegality and thus cannot be used as evidence of conviction. However, according to the evidence duly admitted and investigated by the court below, the police can be acknowledged that ① received the seizure articles of this case from the "D" bank operated by the defendant at his own discretion and seized them, ② the police moved to the district under its jurisdiction, ② the defendant moved to the district, ③ the police voluntarily accompanied the defendant, ③ the police requested the police to prepare the seizure records, etc., and the defendant refused to sign the seizure records, etc., while requesting the police to return the seizure articles of this case, and according to the above acknowledged facts, the police's arbitrary submission of the seizure articles of this case at his own discretion and the seizure becomes effective.

It should be seen that the defendant voluntarily withdrawn his intention of submission in the earth since then.

Even if the seizure has already been made lawfully, the seizure disposition is taken.