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Defendant shall be punished by a fine of KRW 4,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
No forged goods using a trademark identical or similar to the trademark registered with the Korean Industrial Property Office shall be imported and infringed upon another person's trademark right.
On November 7, 2012, the Defendant imported miscellaneous goods, such as clothes and bags, in China, with the trade name of Guro-gu Seoul Metropolitan Government, and sold them to the domestic wholesale market. On November 7, 2012, the Defendant reported 467 points of non-trademark-free goods shipped from China to Incheon Port as D through the Incheon Customs Office. In fact, the Defendant imported 236 points of non-trademark-free goods (236 points) and Class 1 goods (1).
Accordingly, the Defendant infringed the trademark rights equivalent to KRW 123,028,00 on the market price of the authentic goods of KRW 371, a total of 236 points and KRW 135 points on a forged pool registered under the trademark registration No. 0076400, by making pool and pool to the Korean Intellectual Property Office as designated goods.
Summary of Evidence
1. Defendant's legal statement;
1. Records of seizure and the list of seizure;
1. Application of Acts and subordinate statutes to each appraisal statement, trademark register, copy of import declaration, bill of lading, invoice, trademark right report (exclusive license);
1. Relevant Articles of the Act and Article 93 of the Trademark Act concerning facts constituting an offense;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 97-2 (1) of the Trademark Act that is confiscated;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;