Defendant shall be punished by a fine of KRW 500,000.

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

Punishment of the crime

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.

On July 13, 2016, the Defendant infringed on the trademark rights of the said trademark right holder by entering in the signboards and name of the carpets operated by the Defendant without permission of the trademark right holder, even though he/she received a warning from the said trademark right holder on November 30, 2015, which is similar to D, a trademark registered by the victim C for carpets, etc. to the Korean Intellectual Property Office on November 30, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. The defendant asserts that the defendant's trademark and the victim's trademark are not similar trademarks without the intention of infringement of trademark rights, and that the defendant's trademark and the victim's trademark are not similar trademarks.

However, the Defendant appears to have recognized that the meaning of “G” and “H” are the same from the time when he received a warning from at least the injured party, and the concept and title of “E” and “D” are so similar that consumers may confuse the source in terms of their concepts and names, and it is determined that the Defendant’s use of the Defendant’s trademark is in the same or similar way as the Defendant’s designated service business of the victim’s registered trademark, thereby infringing the victim’s trademark right.

In addition, the trademark of the defendant does not fall under the scope that the trademark right is not effective under Article 90 of the Trademark Act.

Therefore, the above assertion by the defendant is without merit.

Application of Statutes

1. Article 230 of the relevant Act on criminal facts and Article 230 of the Trademark Act on the Selection of Punishment (Optional to Penalty);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;