Text
Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a person who operates a child clothes store.
On September 4, 2014, the Defendant: (a) around November 30, 1995, at the clothing store of “C” operated by the Defendant located in 106 of the Gwangju Mine-gu B building 106; (b) around November 30, 1995, the Defendant kept 19 points bearing a trademark similar to the trademark “G” registered with the Korean Intellectual Property Office as designated goods on the 25 goods, including wallets; (c) purchased 2 points on the part of “C” registered with the Korean Intellectual Property Office under Article 030235 and kept them in the clothes store operated by the Defendant for the purpose of sale; and (d) infringed the trademark right by keeping 19 points bearing a trademark similar to the trademark registered with the Korean Intellectual Property Office, as indicated in the attached list of crimes, in the same manner.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. Records of seizure and the list of seizure;
1. Application of the statutes on the original trademark service mark register;
1. Article 93 of the Trademark Act as to facts constituting an offense (limited to each registered trademark);
1. Optional fine;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Sentencing the sentencing of Article 97-2(1) of the Trademark Act (hereinafter “Confiscation”) takes into account: (a) the Defendant reflects the instant crime; (b) the Defendant does not commit such crime; and (c) the Defendant does not have any criminal history.