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Defendant shall be punished by a fine of KRW 700,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
No person shall possess goods identical with or similar to the designated goods on which another person's registered trademark or any other trademark similar thereto is used for the purpose of transferring or delivering them.
From around 09:00 on September 9, 2013 to 12:20 on the same day, the Defendant infringed the trademark right of the above trademark holder by displaying a total of 16 points, such as the 5 points on which the trademark similar to the BLCK YAK trademark, is arbitrarily marked, and displaying it for sale in the street display stand a total of 16 points, such as the 16 points on which a trademark similar to another person’s registered trademark, is marked, on the street side of the branch of the Dong-si Ga, Seoul Special Metropolitan City, an Eup, 2483, as the front day of the branch of the branch, for the purpose of transferring or delivering the designated goods identical with or similar to the designated goods on which the trademark similar to another person’s registered trademark is marked.
Summary of Evidence
1. Defendant's legal statement;
1. Records of seizure and the list of seizure;
1. A written statement of C (the seventh pages of investigation records);
1. Application of each proxy statute;
1. Article 93 of the Trademark Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative fine for punishment;
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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;