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Defendant shall be punished by a fine of two million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
Defendant
A is a person who resides in Daegu North-gu B apartment 108 Dong 1906 and temporarily closed the university and operates the Internet shopping mall "C".
No one shall deliver, sell, forge, forge, or possess a trademark identical or similar to another person's registered trademark without legitimate authority on the use of the trademark for the purpose of using it for goods identical or similar to the designated goods.
Nevertheless, the Defendant: (a) from July 201 to November 6, 2011, issued an order to sell Chinese counterfeit Maritime Affairs Handbags in China with a view to improving the awareness of shopping mall in operating the Internet shopping mall of C; (b) purchased from the street stores located in the Seoul Eastern Market, using the approval system on the shopping mall; and (c) sold them by means of selective delivery to the same buyer at around 16th day of the same month, at the street stores located in the Seoul East Eastern Market, Daegu Northern-gu B apartment 108 Dong 1906, his/her residence; and (d) sold the authentic goods at the same time eight times in total from that time to November 6, 2012, the Defendant sold the authentic goods at the price of KRW 768,000,000, domestic counterfeit Handbags in the same way as in the attached list of crimes.
Accordingly, the Defendant infringed on the trademark right of the “HERMES trademark” registered with the trademark on September 26, 2005 as the designated goods, such as Handbags, etc., of the Republic of France on September 26, 2005.
Summary of Evidence
1. Defendant's legal statement;
1. Analysis, report, investigation and report (the result of a field investigation), investigation and report (the place where the relevant goods are purchased and the country of manufacture);
1. Responses to the request for appraisal;
1. The original trademark register and C Sale details (Handbags);
1. Application of Acts and subordinate statutes on closure photographs;
1. Relevant Articles of the Act and Article 93 of the Trademark Act concerning facts constituting an offense;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;