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Defendant shall be punished by a fine of KRW 2,000,000.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
On November 5, 2014, at around 23:50, the Defendant possessed, without justifiable authority, a trademark identical with or similar to another person’s registered trademark, for the purpose of selling a total of 45 Libera, as indicated in the attached list of crimes, using a trademark identical with or similar to the trademark registered with the Korean Intellectual Property Office, at “C” B, located in Jung-gu Seoul Metropolitan Government, “D” store, and without legitimate authority.
Accordingly, the Defendant infringed the trademark rights of each trademark right holder as above.
Summary of Evidence
1. Defendant's legal statement;
1. Records of seizure and the list of seizure;
1. Suppression site and photographs of seized objects;
1. Application of Acts and subordinate statutes of a copy of trademark register;
1. Article 93 of the Trademark Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative fine for punishment;
1. Articles 70 (1) 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;