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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. On December 3, 2013, around March 4, 2014, the trademark right of the victim M&D was infringed upon by the delivery of forged Sticks, and around January 17, 2014 at D offices located in Incheon Dong-gu C 24 Dong C24 Dong 316, 1,100, and 3,900 on March 4, 2014, respectively, imported from each China the same mark as the “KYNG” registered trademark of the victim Gyeyang Electric Co., Ltd. and sold it to the intermediate distributor, thereby infringing the trademark right of the victim Gyeyang Electric Co., Ltd.
As above, the Defendant aided and abetted the infringement of the trademark rights of the above B by seeking from the non-merchants 9,950 copies of the packaging paper on November 7, 2013 where the trademark “KYG” is affixed, and then distributing it to B, or allowing it to be attached to the fold, on December 28, 2013.
2. Around November 17, 2013, the Defendant violated the Trademark Act due to the sale and storage of forged trademark original saws, the Defendant purchased 50 of the original saws attached with the trademark “KYG” for the trademark “KYG”, which is the trademark right holder, at the above D office, and stored 150 of the original saws around November 21, 2013 for the sale, and infringed the trademark right of the victim.
Summary of Evidence
1. Defendant's legal statement;
1. A suspect interrogation protocol concerning B by the prosecution;
1. Each police interrogation protocol on the accused and B;
1. Details of transactions and diskettes;
1. Each protocol of seizure and the list of seizure;
1. Each report on investigation;
1. Application of the Acts and subordinate statutes of transfer;
1. Relevant Article 93 of the Trademark Act, Article 93 of the Trademark Act, Article 93 of the Trademark Act and Article 32 (1) of the Criminal Act (the occupation of and the selection of fines for the aiding and abetting of Violation of the Trademark Act) regarding criminal facts;
1. Assistance and mitigation under Articles 32(2) and 55(1)6 of the Criminal Act (Article 32(2) of the same Act)