A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The defendant is operating the mobile phone case in Seongdong-gu Seoul Metropolitan Government Open Market "D" in 301.

No one shall import goods identical with or similar to the designated goods on which another person’s registered trademark and other similar trademarks are used for sale.

Nevertheless, on July 31, 2012, the Defendant introduced about KRW 4,046,651 of the actual market price into the DHL special warehouse located in the Incheon Airport Customs Office to sell approximately 100 smartphone cases, and discovered smartphone cases, etc. as designated goods, thereby infringing the trademark right registered with the Korean Intellectual Property Office as “(Linyang)iPhone” (registration number No. 003498) (registration number).

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. A copy of an import declaration;

1. Written appraisal and the original trademark register;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 93 of the relevant Act concerning criminal facts and Article 93 of the Trademark Act regarding the selection of fines;

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

1. Article 97-2 (1) of the Trademark Act that is confiscated;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.