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

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

Punishment of the crime

On June 8, 2016, through the Internet shopping mall B’s website operated by the Defendant, the Defendant sold or posted “DS.T”, a trademark registered with the Korean Intellectual Property Office (DESCNT) of the Republic of Korea Intellectual Property Office (hereinafter “DESCNT”), a trademark registered with the Korean Intellectual Property Office for exclusive use by the Defendant, for the purpose of selling or advertising and posting 25 types of clothes attached to the attached crime list 1, and [LE Q.S] line 1, a trademark registered with the Korean Intellectual Property Office (hereinafter “LE Q.S”) of the Republic of Korea Intellectual Property Office for exclusive use, including “LE.S.T”, for the purpose of selling or posting 5 kinds of clothes attached to the attached list 2, a trademark registered with the Korean Intellectual Property Office of Korea (hereinafter “Le Q.S”).

Accordingly, the defendant violated the victim's exclusive use right by using the trademark identical or similar to the above registered trademark which the victim has exclusive use right on the goods identical or similar to the designated goods.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement 1 (List 5) of the police statement (List 5), accusation (List 1), trademark registration ledger (List 3) against C;

1. Investigation report (List 6);

1. Application of relevant Acts and subordinate statutes of each photograph (list 2, 4);

1. Article 93 of the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016) and Article 93 of the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016); and each fine for a crime

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. It does not seem that the reason for sentencing of Article 334(1) of the Criminal Procedure Act does not seem to be very heavy confession, reflectivity, initial crime, damage, or criminal proceeds.