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Defendant shall be punished by a fine of 1.5 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On December 15, 2013, around 12:10 on December 15, 2013, the Defendant: (a) displayed the trademark “BURBERY” (registration number: No. 010463) of the trademark registration “LOUS VUTRON” (registration number: No. 010463) at the front of the “C” located in Jongno-gu Seoul Metropolitan Government Jongno-gu, as designated goods; and (b) displayed the trademark “BURBERY” (registration number: No. 0163562) of the trademark registration as designated goods, and infringed on the trademark rights of the Defendant, by displaying the trademark “LOUISSIERNY” (registration number: 0163562) at his/her discretion, for the purpose of selling the chof, attached with the scarf, etc.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. Written statements of D;
1. Photographss of seized articles, original register of trademark registration, and written confirmation of crackdown on property rights;
1. Application of police seizure records and seizure list Acts and subordinate statutes;
1. Relevant legal provisions and Article 93 of the Trademark Act regarding criminal facts, the choice of fines, and the choice of fines;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 97-2 (1) of the Trademark Act that has been confiscated;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;