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

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

Punishment of the crime

The defendant is a person who is the B representative of miscellaneous products sales chain.

No one shall import goods identical with or similar to another person's goods marked with a mark widely known in the Republic of Korea, such as another person's trade name, and cause confusion with another person's goods, or import goods with the intention of transferring goods produced by another person.

그럼에도 불구하고, 피고인은 국내에서 판매할 목적으로 2017. 3. 24. 삼성전자 주식회사의 디자인을 모방하고, 제품 포장 비닐 밴드에 삼성전자( 三星電子) 상호를 무단 사용한 중국산 위조 삼성전자 이어폰 4,960개, 정품 시가 99,200,000원 상당을 인천항을 통해 중국으로부터 수입하여 인천 중구 C 소재 D에 반입하였다.

Accordingly, the Defendant committed an unfair competition act such as causing confusion with the goods of Samsung Electronic Co., Ltd. widely known in Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Request for accusation, report on detection, statement of response to appraisal, original register of trademark registration, protocol of seizure, application of Acts and subordinate statutes on present objects and photographs;

1. Relevant Article 18 (3) 1 and Article 2 subparagraph 1 and (a) of the Unfair Competition Prevention and Trade Secret Protection Act and the selection of fines for criminal facts;

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

3. Article 48 (1) of the Criminal Act to be confiscated;

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