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Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant is a person who, from June 20, 2014, operates “D” at a miscellaneous retail store located in Gangnam-gu Seoul Metropolitan Government C.
At around 18:00 on January 12, 2015, the Defendant, at the retail store, kept a total of 47 points (total market price of 3,240,000 won), including 10 points affixed with a forged trademark in the same shape as the trademark owner’s “PDRA” (trademark No. 350206) (trademark No. 350206), which is a trademark right holder’s “PDRA” (trademark No. 3502), for the purpose of selling at the retail store.
Accordingly, the defendant committed the infringement of trademark rights.
Summary of Evidence
1. Defendant's legal statement;
1. Control certificate;
1. Suppression photographs;
1. An investigation report (report attached to the trademark register), and detailed inquiry table for the registration of trademark rights;
1. Application of Acts and subordinate statutes on seizure lists;
1. Relevant Article of the Act and Article 93 of the Trademark Act regarding facts constituting an offense (to select fines, including each of the registered trademarks);
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 Trademark Act that is confiscated;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;