Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The Defendant is a representative of “B” (business registration number: C) that imports Chinese clothing, shoes, etc. and sells them to the street store in the conventional market of Incheon in Korea.

No act of using a trademark identical with the registered trademark of another person on goods similar to the designated goods, or using a trademark similar to the registered trademark on goods identical or similar to the designated goods.

On September 2012, 2012, the Defendant directly purchased goods equivalent to KRW 253,320,000 at the authentic market price of the authentic goods, as indicated in the [Attachment 9] trademark importation details (Violation of the Trademark Act) at the store of Gwangju, Gwangju, for the purpose of purchasing goods to be sold as a street in the customary market of the Republic of Korea, and then directly purchased such goods at the store of Gwangju, as indicated in the [Attachment 910] trademark importation details (Violation of the Trademark Act).

9. 28. Incheon Port (Secheon-gu Port 7, Incheon Customs Office No. 1-22 Incheon Customs Office) imported for domestic sales purposes.

As a result, the Defendant infringed the trademark right of the New York’s trademark “TOY BUCH”, which is the trademark registration (registration number: 854054) that is the clothes, shoess, etc. as designated goods to the Korean Intellectual Property Office.

Summary of Evidence

1. Partial statement of the defendant;

1. Records of seizure and the list of seizure;

1. The application of appraisal certificates, copies of trademark register, output of imported cargo progress information, bills of lading, invoices, packing notes, certificates of actual owner of imported goods, photographs of illegal goods, copies of business registration certificates (B), travelers' entry and departure records, B import records, and inspection records to statutes;

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 97-2 (1) of the Trademark Act that is confiscated;

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