Defendant shall be punished by a fine of 1.5 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 an Internet clothing shopping mall in the name of “D” located in the 3th floor in Daegu-gu, Seo-gu.

1. From early December 2013 to May 2014, the Defendant violated the Design Protection Act: (a) at the Internet shopping mall operated by the Defendant’s office, the Defendant posted the victim’s photographic photo on the product placement column of the said shopping mall site for the purpose of selling handbags for women of the same design as the “F” design of the victim E through the Internet shopping mall operated by the Defendant; and (b) on January 8, 2014, at around 20:24, one household produced by reproducing the victim’s design through the said website, which was sold to KRW 139,000, and infringed the victim’s design right.

2. From early December 2013 to early January 2014, the Defendant violated the Trademark Act: (a) posted a summary advertisement on the said website for the purpose of selling bags that imitated the design of the victim E at the places indicated in the above paragraph (1) at the place indicated in the above paragraph (1); and (b) used the trademark “G” or “I” trademark that is identical or similar to the trademark G (G, registration number H) registered with the Korean Intellectual Property Office; and (c) thereby infringing the trademark right of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Private receipt, product registration page, and all orders;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant legal provisions concerning facts constituting an offense, Article 220 (1) of the Design Protection Act (the point where the design right is infringed), Article 93 of the Trademark Act (the point where the trademark right is infringed), and selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;