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

On June 2016, the Defendant sold approximately 60 persons, such as vehicle safety, etc. similar to the vehicle safety, etc. design for the vehicle, etc. similar to the victim D’s design registration, the front, aspects, and the rear part, to the Korean Intellectual Property Office, and infringed the victim’s design right, at the store of sale of automobile products in the name of “C” operated by the Defendant located in 112 of Dongdaemun-gu Seoul Metropolitan Government B Building No. 112.

Summary of Evidence

1. Legal statement of the witness D;

1. Complaint;

1. Original Register of Design Registration;

1. Application of each statute on photographs;

1. Article 220 (1) of the Act on the Protection of Design of Specific Crimes, Article 220 of the Act on the Protection of Design of Specific Punishment and Selection of Fines;

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

1. The Defendant’s argument regarding the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act regarding the order of provisional payment does not constitute a crime of infringement on design, since the design of the product he sold differs from the design of the product the victim registered.

However, according to the above evidence, the defendant can recognize the fact that the injured party violated the victim's design right by selling safety light, etc. for vehicles similar to the design registered by the injured party.

The grounds for sentencing shall be determined as the same as the disposition in full view of the circumstances of the crime in this case, degree of damage, relationship with the victim, progress of the civil procedure, the criminal records of the defendant, etc.