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

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

Punishment of the crime

The defendant is a person who operates D stores in Busan-gu C.

On February 19, 2016, the Defendant infringed the victim’s right to exclusive use of the trademark of this case by using signboards and promotional materials marked by “G” (trademark registration number H and hereinafter referred to as “instant trademark”) that the damaged party has exclusive right to use, even though the “F” contract with the victim E (hereinafter referred to as “E”) was terminated as Defendant’s breach of contract. From around that time to July 4, 2017, the Defendant infringed the victim’s right to use the trademark of this case without permission.

Summary of Evidence

1. Each legal statement of witness I, J, K and L;

1. A copy of the K's certificate;

1. The original register of trademark registration, G sales store contracts, proof of contents, and copy of the judgment [the accused and the defense counsel have no violation of the contract of sales store with E, so the contract of sales store has not been terminated because the accused did not violate the contract of sales store with E, and therefore have a legitimate authority to use G signboards

Since it was believed that there was no intention to violate the Trademark Act.

The argument is asserted.

However, the following facts acknowledged in accordance with each of the above evidence are as follows: ① upon completion of the registration of the trademark of this case on June 28, 2010; ② M has completed the registration after obtaining the transfer on December 5, 2012; ② after obtaining the exclusive license from M to June 28, 2020 with respect to the trademark of this case, E has completed the registration of establishment on August 21, 2015; ② in the sales store agreement between E and the Defendant, “the Defendant shall not sell the goods supplied from E to the general consumer and the head office, and shall not sell them at any place other than the branch office approved by the Defendant; ③ the Defendant arbitrarily sold the goods supplied from E without agreement with E to door-to-door seller, beauty room, clothes room, etc., and the Defendant violated the contract with the Seoul Central District Court, 2016Da31631, Jun. 1, 2015.