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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No trademark identical with the registered trademark of another person shall be used for goods similar to the designated goods or used for goods similar to the registered trademark of another person.
Nevertheless, the Defendant, while operating a sports chemical sales business with the trade name “C” through Niber B, operated the instant site from the beginning of December 2015 to the end of April 19, 2016, and the victim’s age knatise to the customers in distress who reported and contacted the said site.
C. B. A. B. sold household effects 1,880,00 won (18,711,000 won at the fixed price) equivalent to 11,80,000 won (18,71,000 won at the fixed price) at the selling price on which the lower-class trademark is attached (No. 0144176). The sales price on which the trademark is attached was 480,000 won (756,000 won at the fixed price) at the store located in the Jongno-gu Seoul Metropolitan City market for the purpose of selling the household effects 4,00,000 won at the fixed price on which the trademark is attached.
Accordingly, the defendant infringed the trademark right of the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Investigation report (report on the result of request for appraisal), the written request for appraisal, and the written request for appraisal;
1. Investigative report (the report on calculation of the price of the articles seized);
1. Records of seizure and the list of seizure;
1. Application of the Acts and subordinate statutes to output information materials, certified copies of business registration certificates, and accelerator files related to sales details;
1. Article 93 of the relevant Act and Article 93 of the former Trademark Act (amended by Act No. 13848, Jan. 27, 2016; hereinafter the same shall apply) regarding criminal facts, the choice of fines, etc.
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 97-2 (1) of the former Trademark Act that has been confiscated;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;