1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine.

Punishment of the crime

The defendant is a person who resides in Incheon Gyeyang-gu B apartment 301 Dong 1906, and operates an Internet shopping mall as a business operator C and sells mobile phone music, etc.

No one shall import and sell goods bearing a trademark identical or similar to another person's trademark registered with the Korean Intellectual Property Office, and infringe on another person's trademark right.

Nevertheless, on December 22, 2014, the Defendant: (a) purchased a forged trademark ID case (iPhone case) 1,498, China’s People’s disuse 8,988 (iPhone case) in the market called Shaz in the Republic of China, the Defendant left China on December 22, 2014, and purchased it; (b) on January 23, 2015, forged Apphone case 1,498; and (c) on January 23, 2015, the product market value of which is equivalent to KRW 63,365,40 as the market value of the authentic product was discovered to be imported goods by a mobile phone case, etc., and thereby infringing the trademark registration number (iPhone case:029798) of the United States of America to the Korean Intellectual Property Office as the designated goods.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to the response, import declaration and appraisal statement on the request for appraisal of the detected goods and photographs, concerns over infringement of trademark rights;

1. Relevant Articles of the Act and Article 93 of the Trademark Act concerning facts constituting an offense;

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 that is confiscated;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.