Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is a person who sells musical stories at the street store in front of the new store in Jung-gu Seoul Metropolitan Government.

No person shall deliver, sell, forge, imitate, or possess a trademark identical or similar to the registered trademark of another person for the purpose of using or making another person use such trademark on similar goods.

Nevertheless, at around 09:40 on August 28, 2016, the Defendant displayed and stored a trademark identical or similar to another person’s registered trademark at the street store in front of the store in Seoul, Jung-gu, Seoul, for sale purposes, as indicated in the list of crimes in the attached Table, and thereby infringing another person’s trademark registered with the Korean Intellectual Property Office, by displaying and keeping for sale a trademark identical or similar to another person’s registered trademark on goods identical or similar to the designated goods.

Summary of Evidence

1. Statement by the defendant in court;

1. Scenic photographs;

1. Protocols of seizure and list of seized articles and photographs thereof;

1. An appraisal opinion;

1. Application of Acts and subordinate statutes to copies of the trademark registration ledger;

1. Article 93 of the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016; hereinafter the same shall apply) regarding criminal facts and the choice of punishment, respectively.

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 97-2 (1) of the former Trademark Act that has been confiscated;

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