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

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

Punishment of the crime

No person shall possess goods identical with or similar to designated goods on which another person's registered trademark or any other trademark similar thereto is marked for the purpose of transfer or delivery.

Nevertheless, at around 01:40 on November 1, 2015, the Defendant: (a) indicated a trademark (No. 0234101 of the trademark registration number) registered with the Korean Intellectual Property Office; (b) around 01:40, at the front store in Jung-gu Seoul, Jung-gu, Seoul, without legitimate authority; (c) KRW 22 of the number of a fake Abs clothes; and (d) KRW 13410 of the age;

C. “B” filed a lawsuit to assign or deliver to each customer two fake clothing points bearing a trademark (No. 0090853) registered with the Korean Intellectual Property Office (No. 090853).

Accordingly, the defendant infringed the trademark rights of each trademark right holder.

Summary of Evidence

1. Statement by the defendant in court;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Scenic photographs of the control site;

1. An appraisal opinion;

1. Application of Acts and subordinate statutes to copies of the trademark registration ledger;

1. Article 93 of the Trademark Act concerning facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

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;