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Defendant shall be punished by a fine of KRW 700,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
No person shall use a trademark identical with the registered trademark of another person for goods similar to the designated goods or use a trademark similar to the registered trademark on goods identical with or similar to the designated goods
Nevertheless, from November 2018 to June 28, 2019, the Defendant, in the Seoul Jongno-gu Seoul building and the second floor “D”, sold, as indicated in the attached Table Nos. 3 and 4, the KON, a trademark registered as an exclusive licensee with F in the Korean Intellectual Property Office in the Republic of Korea on the e-date, even though there was no manufacturing authority and exclusive license of the KON, the Defendant had the KON printed on products similar to the designated goods.
Accordingly, the defendant used a trademark identical or similar to the victim's registered trademark on the KON, which is the designated goods, to infringe the victim's trademark right.
Summary of Evidence
1. Defendant's legal statement;
1. A copy of credit card sales slip (number 6);
1. Sample purchase photographs (number 7);
1. A written appraisal (number 8);
1. Application of the statutes of the original trademark register;
1. Relevant Article 230 of the Trademark Act concerning facts constituting an offense and Article 230 of the Selection of Punishment (General Provisions and Selection of Fines);
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 236(1) of the Trademark Act that is confiscated;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;