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Defendant shall be punished by a fine of KRW 700,000.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
The defendant is a person who operates the C's clothing sales store in Orcheon-gu B.
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 17:20 on November 06, 2015, the Defendant filed a lawsuit in order to transfer 15 bags attached with a trademark similar to the trademark registered as designated goods on the Republic of Korea Intellectual Property Office with the 1095708 handbags, etc. as the designated goods, and one bags attached with a trademark similar to the trademark registered as the designated goods, such as handbags, etc., on the top of the above sales store at the end of 17:20.
Accordingly, the defendant infringed the trademark rights of the trademark right holder.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. A protocol of seizure and a list of seizure;
1. Application of Acts and subordinate statutes to photographs at the time of detection;
1. Relevant legal provisions and Article 93 of the Trademark Act regarding criminal facts, the choice of fines, and the choice of fines;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 97-2 (1) of the Trademark Act that has been confiscated;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;