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

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

Punishment of the crime

No one shall deliver, sell, forge, forge, or possess a trademark identical or similar to another person's registered trademark for the purpose of using or making another person use such trademark on goods identical or similar to the designated goods.

Nevertheless, from September 14, 2019 to March 18, 2020, the Defendant operated a mail order business operator “D” at the home of Incheon Gyeyang-gu building C, and sold 328 counterfeit goods, such as fake G bags, on which “G” was attached or stolen with a trademark (trademark registration number: H) registered with the Korean Intellectual Property Office (trademark registration number) or a trademark identical or similar to the trademark registered with the Korean Intellectual Property Office, without a legitimate title.

Accordingly, the defendant infringed the trademark right of the above trademark right holder.

Summary of Evidence

1. Defendant's legal statement;

1. The application of the laws and regulations on the trademark register, including the details of the purchase by informants, the contents of the publication, the photographic appraisal of the delivery article, the capture of the “I” bulletin, the Stockholm to capture the Stockholm “D”, and the details of the sale by smart stotoo, the details of the sale by Stockholm D, the isolation list, and the application of the trademark register.

1. Relevant Article 230 of the Trademark Act concerning facts constituting an offense and Article 230 of the Selection of Punishment (General Provisions and Selection of Fines);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the amount and sales period of counterfeit goods sold by the defendant through online shopping mall, profits acquired by the defendant through the sale of the relevant counterfeit goods, the same criminal records of the defendant, etc. In full view of the defendant's age, character and conduct, family relation, motive and manner of the crime, circumstances after the crime, etc., the punishment as the order shall be determined by taking into account the following factors: