A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

Defendant

A is the representative of Internet shopping mall B.

1. No person shall use a trademark identical with the registered trademark of another person for goods similar to the designated goods or use a trademark similar to the registered trademark of another person on goods identical or similar to the designated goods;

In October 2018, the Defendant, without the consent of E, who is a trademark right holder of the C building D, posted quisaler B to the Internet shopping mall “B” operated by the Defendant without the consent of E, whose trademark registration number FG was registered by the victim E, and infringed the trademark right of the victim, who is the trademark right holder.

2. No act of causing confusion with another person's goods by using any name, trade name, trademark, or container or package of goods of another person widely known in the Republic of Korea in violation of the Unfair Competition Prevention and Trade Secret Protection Act, or by selling, distributing, importing, or exporting goods bearing such name, trade name, trademark, or any other mark indicating another person's goods;

The Defendant posted goods on the Internet shopping mall operated by the Defendant in order to sell quimons with the trademark number FG, whose trademark registration was registered by the victim E at the same time and place as those mentioned in the preceding paragraph, and intended to cause confusion with the goods of the victim E.

Summary of Evidence

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes of the trademark register to the Internet shopping mall operated by the suspect;

1. Article 230 of the Trademark Act concerning facts constituting an offense, Article 18 (3) 1 and subparagraph 1 (a) of Article 2 of the Unfair Competition Prevention and Trade Secret Protection Act (the point of confusion with goods of another person);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant's reasons for sentencing of Article 334 (1) of the Criminal Procedure Act with regard to the provisional payment order are the Internet shopping mall.