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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. On March 6, 2015, the Defendant sold to E, etc., the total number of counterfeit trademark products 368 points, totaling 62,60,00,00 won, as indicated in [Attachment List Nos. 1 through 15], as the trademark right holder’s registered trademark of “PEARY GETS (registration number: 0795622),” which is identical or similar to the trademark right holder’s registered trademark of “D” in the Jung-gu Seoul Metropolitan City C market No. 3 B& 32, 2015.
2. On April 4, 2016, the Defendant kept a total of KRW 117 products with a false trademark, including KRW 117,912,00,00, in total, as indicated in the [Attachment] No. 16 or No. 33, a trademark right holder of “LNIN (registration number: 0065295),” a trademark right holder’s “LNIN” at the “F store,” the third floor heating of the above C market No. C market No. 3, for the purpose of sale, as indicated in the [Attachment] No. 16 or No. 333.
Summary of Evidence
1. Defendant's legal statement;
1. Police seizure records;
1. Each investigation report (personal information of a creditor bank, customer information inquiry statement, suspect E account analysis, display and sale of counterfeit goods, and trademark register);
1. Details of transactions suspected of retailing counterfeit products, details of transfers to the C market rental, copies of transaction account books, copies of lease contracts, copies of each transaction statement, copies of each transaction statement, and certificates of deposit transaction (G).
1. Each original trademark register, each appraisal opinion, and the price list of authentic goods;
1. Application of Acts and subordinate statutes on site photographs;
1. Article 93 of the former Trademark Act (amended by Act No. 14033, Feb. 29, 2016; hereinafter “former Trademark Act”) and Article 93 of the former Trademark Act (amended by Act No. 14033, Feb. 29, 2016; hereinafter “former Trademark Act”)
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 97-2(1) of the former Trademark Act and Article 48(1)1 of the Criminal Act 1.