A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

In spite of the fact that a trademark identical or similar to another person’s registered trademark is not used without permission for goods identical or similar to the designated goods, the Defendant imported electronic tobacco from Ulsan-gu to July 31, 2015 with the trade name “D” and engaged in the sale through the Internet shopping mall, and on December 8, 2011, “Jyeco” registered with the Korean Intellectual Property Office under Article 0893506, imported the electronic tobacco bearing the trademark from China to the Internet homepage, thereby infringing on the trademark right of (i) Pyeco by using it.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The original trademark register;

1. A case of verifying the authenticity of “F” products;

1. Application of investigation reports (in cases of G in which a suspect is supplied with articles), statutes;

1. Article 93 of the Trademark Act concerning criminal facts;

1. Selection of fines;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The head of the State office is not illegal since it imported the authentic goods produced at the head office of China's Cho Jong-tech in parallel, and sold via the Internet.

2. In order to ensure that an act of importing goods identical or similar to the designated goods on which a trademark is attached, which is identical or similar to the trademark registered in Korea, does not constitute an infringement of the registered trademark right, the trademark should have been attached to the imported goods by the owner of the foreign trademark right or the legitimate user of the foreign trademark right, and the trademark owner or the legitimate user of the foreign trademark right has a close relationship with the foreign trademark right holder in legal or economic aspects or under other circumstances, the trademark attached to the imported goods can be seen as indicating the same source as the registered trademark of Korea