Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 3,000,000.

The above fine is imposed against the Defendants.

Punishment of the crime

1. Defendant A is a person who sells clothes under the trade name “E” in the building C of Jung-gu Seoul Metropolitan Government.

No person shall possess goods identical or similar to designated goods bearing another person's registered trademark or any other trademark similar thereto for the purpose of transfer or delivery.

On March 7, 2019, at the above store around 00:07, the Defendant displayed and possessed, for sale to many and unspecified persons, the counterfeit goods with a total of 4 points, such as the G trademark (international registration number H) of F (international registration number H) registered with the Korean Intellectual Property Office, and the Round three points with the same and similar trademark attached to F (international registration number H).

Accordingly, the defendant infringed the trademark rights of the trademark right holder.

2. Defendant B is a person who sells clothes under the mutual name of “J” in Seoul Jung-gu C Building I.

No person shall possess goods identical or similar to designated goods bearing another person's registered trademark or any other trademark similar thereto for the purpose of transfer or delivery.

On March 7, 2019, at the above store around 00:07, the Defendant displayed and possessed, for sale to many and unspecified persons, counterfeit goods with a total of 2 points, such as a package-1 store with a trademark identical or similar to the G trademark (international registration number H) registered with the Korean Intellectual Property Office, and a store per occupant.

Accordingly, the defendant infringed the trademark rights of the trademark right holder.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of K;

1. Records of seizure, list of seizure and photographs of each seized article;

1. The original trademark register;

1. Application of Acts and subordinate statutes for investigation reports (verification as to whether they are family goods and reports on their fixed value, etc.);

1. Defendants: Article 230 of the Trademark Act and Articles 230 and 230 of a fine for negligence

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

1. Article 236 (1) of the Trademark Act:

1. The crime of this case on the reason of sentencing of Article 334(1) of the Criminal Procedure Act, each of the provisional payment orders, is the right of the registered trademark right holder.