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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Punishment of the crime

From October 30, 1994, the Defendant is a person operating “G” as a manufacturer and seller of non-pharmaceutical drugs in the F in Yangsan-si.

No person shall use a trademark identical with another person's registered trademark on goods similar to the designated goods or use a trademark similar to another person's registered trademark on goods identical with or similar to the designated goods.

However, around December 12, 2012, the Defendant committed an act of infringing on trademark rights by selling 30 factorings of the neoman and the mar-punchine 30 won, bearing a trademark identical or similar to the trademark “Ine and punch (registration No. J)” registered with the Korean Intellectual Property Office on April 17, 2003, with H as designated goods from the above “G” as its trademark right holder’s designated goods.

Summary of Evidence

1. Partial statement of the defendant;

1. K or L in the protocol of interrogation of the suspect against the defendant;

1. A complaint (including a trademark registration certificate attached to an attachment and a statement of transactions);

1. Statement by the police concerning L;

1. Police seizure records and list of seizure;

1. Product photographs;

1. Application of Acts and subordinate statutes to each investigation report (referring to submission of materials by a complainant);

1. Relevant legal provisions and Article 93 of the Trademark Act regarding criminal facts, the choice of fines, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 97-2 (1) of the Trademark Act that has been confiscated;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted to the effect that the defendant has the right to use the trademark "I NG and punch (registration number J)" (hereinafter "registration trademark of this case") with the trademark registered by H as the holder of the trademark right as the right to use the trademark under Article 57-3 of the Trademark Act, and so, lives can be recognized that the defendant sold "IG and punchine" after obtaining permission from the defendant from December 9, 1998, before the application for the trademark of this case is filed. However, this is a domestic country.