Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The Defendant is a person who sells bags, etc. on the street of the building B in Jung-gu Seoul Metropolitan Government.

No trademark identical with the registered trademark of another person shall be used for goods identical with or similar to the designated goods thereof, or possessed for the purpose of transferring or delivering goods identical with or similar to the designated goods bearing the registered trademark of another person or any similar trademark

Nevertheless, around August 22, 2013, the Defendant displayed 30 fakes on August 22 and 55, 2013, the trademark right of the trademark holder, “LOIS VUITN (trademark registration number: 0059471)” and “LOIS VITN”, the same trademark as “LOTSN”, was attached to the same trademark, and infringed upon the trademark right holder’s trademark right by displaying 30 fakes of five trademark holders for sale, such as bags with the trademark attached to the attached list I, as shown in the attached list I.

around 00:15 on June 17, 2013, the Defendant: (a) displayed 15 fakes with the same trademark as “LOUIS VUITON (trademark registration number: 0059471)”, a trademark right holder’s registered trademark in Jungggu Seoul, Jungggu, Seoul, for the purpose of selling 18 fakes with the same trademark as “LOIS VUITON”; and (b) displayed 15 fakes with the same trademark on the attached list II for the purpose of selling them.

Summary of Evidence

1. Defendant's legal statement;

1. Each police seizure record and the list of seizure;

1. Each original trademark register;

1. Application of the Acts and subordinate statutes to photographs of control site, field, and seized objects photographs;

1. Relevant Article of the Act and Article 93 of the Trademark Act regarding facts constituting an offense (to select fines, inclusive, each of the registered trademarks);

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

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

1. Article 97-2 (1) of the Trademark Act that is confiscated;

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