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Defendant shall be punished by a fine of 1.5 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
No act of possessing goods identical with or similar to the designated goods on which another person's registered trademark or any other trademark similar thereto is indicated, for the purpose of transfer or delivery.
On July 20, 2015, at around 13:55, the Defendant violated the trademark right of the relevant trademark holder by possessing 19 points of counterfeit products, including 4 points a forged trademark, such as “fac,” indicated in the registered trademark of the Korean Intellectual Property Office, as indicated in the attached list of crimes, (a total of 38,600,000 won, which is the estimated market value of fixed goods) at the store of “C” operated by the Defendant located in Jung-gu Seoul Metropolitan Government, Seoul.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of seizure (including list of seizure);
1. Price estimate of authentic goods, appraisal opinion, and price list of authentic goods, and the original trademark register;
1. Application of Acts and subordinate statutes to the site and photographs of seized articles;
1. Article 93 of the Trademark Act regarding facts constituting an offense and Article 93 of the relevant Act regarding the selection of punishment;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Articles 70 (1) 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;