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

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

Punishment of the crime

The Defendant is a person who operates a miscellaneous clothes and miscellaneous store under the trade name of “C” in Chungcheongbuk-si B.

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

Nevertheless, on January 5, 2016, the Defendant sold at the above store via the Internet a forged trademark with a trademark identical or similar to the trademark (No. 0437648) registered with the Korean Intellectual Property Office (No. 0437648).

In addition, from that time until February 14, 2017, the Defendant sold a total of 38 counterfeit products, such as written in the list of crimes I, and around March 9, 2017, the Defendant kept 64 counterfeit products with each trademark right holder’s marks attached to each trademark right holder for the purpose of sale in the above store and infringed each trademark right holder’s trademark right.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report (with respect to the specific details of the suspect A's specific details, specific details of sales of counterfeit products, whether the suspect A's submission for appraisal, registration of a trademark, request for appraisal price on the details of sales with a forged percentage), investigation confirmation, details of sales of counterfeit products, copies of sales specifications, each appraisal statement, appraisal price response, and each original register of trademarks;

1. Application of seizure records and statutes concerning the list of seizure;

1. Article 230 of the Trademark Act concerning facts constituting an offense (including each registered trademark);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334(1) of the Criminal Procedure Act reflects the error of the reason for sentencing of Article 334(1) of the Criminal Procedure Act, and the fact that there is no criminal history is considered in favor of the forged goods.