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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, 100,000 won.
Reasons
Punishment of the crime
The Defendant is a person who operates a “C” store in Geumcheon-gu Seoul Metropolitan Government.
No trademark identical with the registered trademark of another person shall be used for goods identical with or similar to the designated goods of another person, or possessed for the purpose of transferring or delivering goods identical with or similar to the designated goods on which the registered trademark of another person or any other similar trademark is used.
On November 26, 2014, around 16:50 on November 26, 2014, the Defendant infringed another person’s trademark right registered with the Korean Intellectual Property Office, by carrying and keeping the goods indicated in the attached list of crimes (However, the trademark number No. 21 appears to be a clerical error, and the accurate trademark number is as shown in No. 20. 1. 78. The trademark name No. 78 is not a series of war, but a series of war) that is registered with the Korean Intellectual Property Office, by using another person’s trademark without permission.
Summary of Evidence
1. Defendant's legal statement;
1. A report on seizure, a list of seized articles, and a letter of appraisal and inspection;
1. Application of the statutes of the original trademark register;
1. Relevant Article 93 of the Trademark Act concerning facts constituting an offense and the choice of punishment, respectively;
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. 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;