Defendant shall be punished by a fine of KRW 700,000.

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

Punishment of the crime

From August 2015 to February 2017, the Defendant, while running a heavy motor vehicle trading business in Busan Metropolitan Government B, has publicized the name of "C" and "D" on the trading website of the middle and high motor vehicle.

The injured E Co., Ltd. registered the service mark "G" with the F used vehicle sale brokerage business, etc. as the designated service business, and the expiration date of the term is October 6, 2012, and registered the service mark "I" with the H used vehicle sale brokerage business as the designated service business. The expiration date of the term is December 22, 2021.

Accordingly, the Defendant used the service marks similar to the registered service marks of the victim for the same services as the designated services, thereby infringing on the trademark rights of the victim.

Summary of Evidence

1. The original trademark/service mark register of the first trademark of this case

1. The original trademark/service mark register of the second trademark of this case

1. Application of Acts and subordinate statutes on the initial screen of the suspect website;

1. Article 230 of the Trademark Act concerning criminal facts;

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. The defendant's assertion of Article 334 (1) of the Criminal Procedure Act against the defendant's assertion of the provisional payment order asserts that "I, G" and "C and D" used by the defendant are not similar.

However, “D” is understood as the meaning of “J”, and therefore, the part alone, which independently performs the function of indicating the origin of goods by causing ordinary consumers to express their impression of the trademark, or to memory or associate with the trademark, is called “K”. However, the above “K” is similar to the trademark of the trademark right holder of this case, and its appearance is not clearly distinguishable from that of the trademark right holder, and the word “I” is widely known by the trademark right holder of this case as the trademark of the sales brokerage business for used cars.