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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

No one shall manufacture or sell goods bearing a trademark identical with or similar to the registered trademark of another person, or keep them for the purpose of manufacture and sale.

그럼에도 불구하고, 피고인은 2013. 1. 30. 16:07경 부산 동래구 B B2-24호 피고인 운영의 의류매장 ‘C’내에서 우리나라 특허청에 등록되어 있는 CHANEL(샤넬, 상표등록번호 제0309448호, 상표권자 : 샤넬)과 동일한 위조상표가 부착된 가짜 CHANEL(샤넬) 손가방 4점(정품시가 산정불가) 등 별지 범죄일람표 기재와 같이 위조상품 25점을 판매목적으로 진열, 보관하여 각 상표권자의 상표권을 침해(총 침해금액 정품시가 13,995,000원 상당)하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Voluntary submission, records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (as to photographs at the control site), report on investigation ( as to attachment to the trademark register), report on investigation ( as to photographs of seized articles), report on investigation ( as to market price calculation), and report on investigation ( as to whether seizure or report is conducted or not);

1. Article 93 of the Trademark Act as to facts constituting an offense (excluding each of the registered trademarks);

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 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;