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

The Defendant is a person who operates a room with the trade name “C” in Eunpyeong-gu Seoul Metropolitan Government.

No person shall engage in an act of infringing on a trademark right or exclusive use right, such as possessing for the purpose of transferring or delivering goods identical with or similar to designated goods on which another person's registered trademark or any other trademark similar thereto is marked.

Nevertheless, at around 13:15 on April 30, 2020, the Defendant displayed and stored at the display stand any one of the trademarks attached with a forged trademark identical or similar to D'D (trademark registration number E, registered right holderF), a trademark registered with the Korean Intellectual Property Office (trademark registration number G, registered right holderF), one affixed with a forged trademark identical or similar to D', registered with the Korean Intellectual Property Office (trademark registration number G, registered right holderF), and one affixed with a forged trademark identical or similar to the trademark registered with the Korean Intellectual Property Office (trademark registration number H, registered right holder I), for the purpose of sale, and infringed upon the trademark rights of the above trademark owners.

Summary of Evidence

1. Statement by the defendant in court (the second public trial date);

1. A protocol concerning the examination of the police officers of the accused;

1. The verification of whether the goods requested for the appraisal of a J-written statement are authentic, the register of each trademark registration, and the written appraisal;

1. Records and lists of seizure and the photographs of seized articles;

1. Application of Acts and subordinate statutes to a criminal investigation report (receiving data, the results of appraisal, and attaching photographs);

1. Article 230 of the Criminal Act concerning the facts constituting an offense;

1. Selection of a fine for selective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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

1. Article 236(1) of the Trademark Act that is confiscated;

1. Along with the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act is the primary offender, and the attitude of reflecting the wrongness in recognizing the crime, etc., a punishment is determined as ordered by considering all the sentencing conditions including the Defendant’s age, sex, family relationship, economic condition, and circumstances after the crime.