Text
Defendants shall be punished by a fine of 1.5 million won.
Defendant
If A does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
Defendant
A is a person who, as the actual representative of Section B (State), imports clothes from Vietnam and sells them domestically, and the defendant corporation B is a legal entity.
No act of using a trademark identical or similar to another person's registered trademark on goods identical or similar to the designated goods.
Nevertheless,
1. Defendant A imported counterfeit trademarks from Vietnam to sell them to open markets, etc. on the domestic Internet market. On June 21, 2013, Defendant A infringed the trademark rights of the relevant trademark right holder by importing a forged trademark (registration number No. 0131030), 553, 114, 667, 75,34,00, 767, 75,34,000 won at the price of the relevant trademark, from the Republic of Korea, using the trademark “POO” (registration number No. 0130) registered with the Korean Intellectual Property Office as the designated goods, with the importer B (State) of the importer on June 21, 2013 as the designated goods.
2. Defendant B violated the Trademark Act by failing to prevent Defendant A’s above violations of the Trademark Act in advance.
Summary of Evidence
1. Defendant A’s legal statement
1. The suspect interrogation protocol of the defendant A by the police;
1. Application of the Acts and subordinate statutes on records of seizure, list of seizure and documents requested for investigation;
1. Defendant A of the pertinent legal provision pertaining to the facts constituting an offense: Articles 93 (Generalized for Intrusion Trademarks) of the Trademark Act (Article 97 Subparag. 1 and 93 (Article 93) of each of the Trademark Act (Article 97 Subparag. 1 of the Trademark Act);
1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act
1. Selection of an alternative fine for punishment;
1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;
1. Defendant A: Article 97-2 (1) of the Trademark Act;
1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act