Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is a person who operates the clothing sales store "C" in the third floor of the building B in Jung-gu, Seoul.

At around 14:20 on May 12, 2017, the Defendant filed a lawsuit for the purpose of transferring or delivering to many and unspecified persons, the sum of 42 of the clothes and scarfs on which a forged trademark is attached (amounting to 12,650,000 won as indicated in the list of crimes) identical or similar to “Baber (BURBERY, No. 0497230),” a trademark registered as “Baberuri,” which is a trademark registered as a trademark holder, at the above place, at the same time as indicated in the list of crimes, the Defendant sought 42 points in total (amounting to 12,650,000 won for the presumption of good) of the clothes and scarfs on which the trademark is used.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of the ledger of seizure, enforcement photographs, prescribed estimated price and registration of trademarks;

1. Relevant Article of the Act and Article 230 of the Trademark Act concerning facts constituting an offense. Article 230 (Selection of Penalty)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 236(1) of the Trademark Act that is confiscated;

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