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Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The defendant is a street store that sells wood, scarf, etc. in the 156 Nowon-ro, Yongsan-gu, Seoul.
No one shall deliver, sell, forge, imitate, or possess a trademark identical or similar to another person's registered trademark for the purpose of using or making another person use such trademark on goods identical or similar to the designated goods.
Nevertheless, around 13:20 on March 3, 2017, the Defendant: (a) held at the above place the victim’s “BURBERY” as a trademark registered on July 10, 2001; and (b) held the victim’s trademark right infringement on the victim’s trademark by holding the 7 BURBERY mark attached with a pattern similar to the trademark registered on July 10, 201 for sale to many unspecified customers.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of regulations, registers of trademarks, and evidentiary materials-related Acts and subordinate statutes;
1. Article 230 of the Trademark Act and selection of fines concerning facts constituting an offense;
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;