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Defendant shall be punished by a fine of KRW 10 million.
If the defendant does not pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
The defendant is the actual representative of a D company that operates the business of importing and selling Chinese paintings in Gangseo-gu Busan Metropolitan Government.
When the defendant imports or sells counterfeit goods that stolen the trademark registered by another person, he/she had the knowledge that it is illegal, he/she had the intention to import or sell such counterfeit goods with the trademark registered with the Korean Intellectual Property Office on December 20, 1996 (No. 03561858, trademark registration number 0356).
On July 11, 201, the Defendant: (a) sold goods equivalent to KRW 1,035,00 ( KRW 9,568,486) from a Chinese exporter to a Korean customer after illegal import; (b) from a Chinese exporter on July 11, 2011, the amount of KRW 7,370,000,000 ( KRW 2,035,000,000,000,000,000,000,000,000,000,000,000,000,000,000 in the name of the Busan Customs Office E; and (c) sold the goods to a domestic customer after import; and (d) sold the goods to a foreign customer by importing the goods to a domestic customer; and (e) sold the goods to a foreign customer at least five times until August 10, 2012.
Summary of Evidence
1. Partial statement of the defendant;
1. The photograph of the purchased goods, photographic photograph of D company, business information, output of the “F homepage”, the document printed out of the “F”, the document of the importation of D company, the document of the importation of the D company, the document of the importation of each of theD company, each of the seized goods (name paration, butturine), the photograph of the D company, each of the seized goods (name paration, butturine), the list of crimes in violation of the Trademark Act, the trademark register (registration number No. 0351858, 0417826), the written objection against the design registration of D company, written appraisal, and written appraisal
1. Application of the statutes on seizure records and the list of seizure records;
1. Relevant legal provisions concerning facts constituting an offense, Article 93 of the Trademark Act, Article 93 of the Trademark Act, Article 93 of the Trademark Act and the selection of fines;
1. The Criminal Act among concurrent crimes.