Defendant shall be punished by a fine of KRW 700,000.

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

Punishment of the crime

The Defendant is operating a adult product store in the name of “D” in Jeonan-Naman Military Department C.

1. No person who violates the Trademark Act shall deliver, sell, forge, imitate, or possess a trademark identical or similar to the registered trademark of another person for the purpose of using or making another person use such trademark on goods identical or similar to the designated goods;

Nevertheless, around September 24, 2014, the Defendant: (a) purchased at KRW 60,00 from a male who was unable to know his/her name at the above adult product shop; (b) the trademark right holder’s “Viaglera” (No. 0387168) registered with the Korean Intellectual Property Office on December 19, 1997, was forged and sold to unspecified customers for the purpose of selling 1,300 won in fake (30 in China); and (c) on September 24, 2014, on September 18:17, 2014, the Defendant infringed the trademark right of the trademark right holder by selling in the room of the above adult product shop and holding in possession of the remaining fake Bagle 5 (70,000 won in the market price of the product) for the purpose of selling to unspecified customers.

2. No person who violates the Pharmaceutical Affairs Act shall sell forged drugs, or store or display them for sale;

Nevertheless, on September 24, 2014, the Defendant sold to an unspecified customer a 1-party 3,000 bubagra (30 buba), which contains a 60,000 pieces of prescription (in Korea) purchased from a male who cannot know his/her name at the above adult product shop, and stored a buba 5 buba (70,000 won) remaining after selling it to the inside room of the above adult product shop to an unspecified customer.

Summary of Evidence

1. Defendant's legal statement;

1. An investigation report (verification of motion picture CDs submitted by the complainant), - video CDs (Evidence No. 7 pages of the evidence record);

1. A written appraisal;

1. Application of the statutes of the original trademark register;

1. Article 93 of the relevant Act as to facts constituting an offense, and Article 93 of the elective Trademark Act (the point of infringement on trademark rights, the choice of fines), and the former Pharmaceutical Affairs Act on January 28, 2015.