Text
Defendant shall be punished by a fine of KRW 10,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
The Defendant is a person who operates Internet shopping mall “D” on the first floor of Gangseo-gu Seoul Metropolitan Government C underground.
An act of using a trademark identical with the registered trademark of another person on goods similar to the designated goods or using a trademark similar to the registered trademark of another person on goods identical with or similar to the designated goods
The term "BLACK YAK" is a trademark registered with the Korean Intellectual Property Office (registration number: No. 0380952) as the designated goods with BLAK's black scack scack scack scack scacks, etc., and is also registered with the Korean Intellectual Property Office, such as "NIK", "NEW BLCE", "TH NH NTR FAE", and "NEPA" as well.
On November 22, 2012, the Defendant purchased counterfeit goods imported in an irregular manner from the street store located in Dongdaemun-gu Seoul and sold one point of the above Internet shopping mall D from 150,000 won on November 22, 2012 operated by the Defendant, and sold them to 41,979,000 won (a total of 124,096,000 won, total of 70 won for counterfeit goods) on 705 occasions from November 22, 2012 to February 28, 2013, as shown in the attached list of crimes, and infringed each trademark right holder’s trademark rights as shown in the attached list of trademark rights.
Summary of Evidence
1. Defendant's legal statement;
1. The original trademark register;
1. To make an investigation report (to prepare a list of crimes);
1. Application of Acts and subordinate statutes on seizure records;
1. Relevant Article 93 of the Trademark Act concerning facts constituting an offense and the choice of punishment, respectively;
2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
3. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.
4. Article 48 (1) 1 of the Criminal Act to be confiscated;
5. Article 334 (1) of the Criminal Procedure Act.