Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is a person who operates a clothing store in the trade name of "D" in the Gangnam-gu Seoul apartment 504 underground commercial building 3 of "D".

1. On January 7, 2015, the Defendant sold 714 points in total of the market value of the famous trademark 702,613,000 won, as indicated in [Attachment List Nos. 1 through 178 from around that time to January 7, 2016, a forged trademark with the same or similar pattern attached to “LNVIN (Registration No. 27682)”, which is the trademark holder of “LNVIN (Registration No. 27682)” at the above clothing store.

2. On April 4, 2016, the Defendant kept a total of KRW 15,040,000,000 of the fixed value of the forged trademark 48 points in total, as indicated in [Attachment 1] No. 179 through 186, as the trademark right holder’s registration of “BGNER (registration No. 60163)”, which is the trademark of “BOGNER”, which is the trademark of “BGNN” (registration No. 60163) of the trademark right holder, at the above clothing shop.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of suspect examination of the police against E or F;

1. Police seizure records and list of seizure;

1. Two copies of the original register of trademark registration, and eight-seven copies of the original register of trademark registration;

1. Each appraisal opinion and the price list of authentic goods;

1. A detailed statement of transaction (purchase), multiple rates, specifications of transaction (sale), import statement, door-to-door invoice, transaction card, credit card, transaction account book book, book-book, and passbook of transaction;

1. Application of the Acts and subordinate statutes of seizure and search warrant;

1. Article 93 of the former Trademark Act (amended by Act No. 14033, Feb. 29, 2016; hereinafter the same shall apply) applicable to the facts constituting an offense under Article 93 of the same Act (each of the registered trademarks as to each of the points of sale and storage)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition (only between violations of each Trademark Act due to the custody of property for the purpose of sale);

1. Selection of an alternative fine for punishment;

1. Aggravation concurrent crimes;