Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

The Defendant is a person who operates a cater game hall with the mutual name of “D” in Gwangjin-gu Seoul Special Metropolitan City.

1. No person who violates the Trademark Act shall possess, for the purpose of transfer or delivery, any goods identical with or similar to the designated goods bearing another person's registered trademark or any similar trademark;

Nevertheless, from April 19, 2018 to July 3, 2018, the Defendant infringed on the trademark right of Kakao by placing the maternity items in the game machine in order to provide them to customers using the game machine with free gifts (registration No. 1203646) and the Kakao’s trademark registration number No. 120366).

2. No person who violates the Copyright Act shall possess any article created by an act that infringes on copyright or other rights protected under the Copyright Act for the purpose of distribution with the knowledge of such fact;

Nevertheless, the Defendant, at the date, time, place, and place described in paragraph 1, was aware that the form, in which the Kakao registered the copyright, was the mother goods, but was possessed in the same manner as described in paragraph 1, thereby infringing the Kakao’s copyright.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. An investigation report (attaching a photograph of a person being sold at the scene of an offense);

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant legal provisions of the relevant Act, Article 230 of the Trademark Act (Infringement of Trademark Rights), Article 136(2)4, and Article 124(1)2 of the Copyright Act (Infringement of Copyright), and selection of fines, respectively, concerning facts constituting an offense;

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. As to the reasons for sentencing under Article 236(1) of the Trademark Act, Article 139 of the Copyright Act, there are records of criminal punishment against the defendant several times for the same crime, and the scale of business and the degree of the profits of the defendant.