Defendant

A shall be punished by a fine of KRW 10 million, and Defendant B shall be punished by a fine of KRW 3 million.

The above fines are imposed by the Defendants.

Punishment of the crime

Defendant

A is a person who operates the "G" on the Jongno-gu Seoul Metropolitan Government F and the first floor, and H and Defendant B are in charge of the sales of precious metals.

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

Nevertheless, the Defendants and H, while selling precious metals, etc. at the above “G” store around December 17, 2015, kept 285 points in total precious metals attached with a trademark identical or similar to the trademark registered with the Korean Intellectual Property Office (Registration Number No. 1120182) as well as the half page, etc., registered with the Korean Intellectual Property Office at around December 17, 2015.

Accordingly, the Defendants, in collusion with H, possessed a fake metal attached with a fake trademark for the purpose of selling and transferring it to many and unspecified persons.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made to I by the police;

1. Each written appraisal and the original register of trademarks;

1. A protocol of seizure and a list of seizure;

1. Application of the provisions of the Acts and subordinate statutes to each investigation report, control site photographs, and tables output;

1. Article 93 of the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016); Article 30 of the Criminal Act concerning criminal facts;

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

1. Defendant A: Article 97-2(1) of the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016)

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