Defendant shall be punished by a fine of KRW 1,500,000.

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

Punishment of the crime

On September 20, 2016, around 14.47: B and 244, the Defendant: (a) the trademark holder of the trademark right in the B and 244, and the Defendant forged and stored the trademark “S. Em. Em. Em. Em. Em. Em. Em. Em. Em. Em. Em., registered with the Korean Intellectual Property Office No. 037376, and displayed and stored the trademark “Em. Em. Em. Em. Em. Em. Em. Em.” for the purpose of selling to customers; and (b) infringed the trademark right of each trademark holder by displaying and keeping six items of clothes, labels, and reagents as indicated in the attached crime list, including infringement of the trademark right.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation (related to photographing at the control site);

1. A report on investigation (referring to photographing seized articles);

1. Investigation report (limited to the attachment of the original register of trademark registration) and the original register of trademark registration attached thereto;

1. A report on investigation (as for market price calculation);

1. Application of statutes on records of seizure and lists of seizure;

1. Article 230 of the Trademark Act as to the facts constituting an offense (including the sequence 2 and 3 of the list of offenses in annexed Form 2) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition (only between violations of the Trademark Act by registered trademark);

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 236(1) of the Trademark Act that is confiscated;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;