The sentence against the accused shall be determined by a fine of KRW 1,00,000.

When the defendant does not pay the above fine.

Punishment of the crime

On August 28, 2016, around 14:00, the Defendant used the victim F, as G, a service list registered (registration H) in relation to the registration of the service list at D church located in the Nam-gu Seoul metropolitan area, for the purpose of raising funds for the restoration of old wedding and Distribution Restoration Corporation.

Accordingly, the Defendant infringed the victim’s right to vote on services by using the same service schedule as that of another person’s service business in the same service business.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to I by the police;

1. A service registration certificate;

1. Routs for raising funds for restoration works for old worships of E churches;

1. Application of Acts and subordinate statutes to written judgments and investigation reports (Submission of written judgments);

1. Article 93 of the former Trademark Act (amended by Act No. 14033, Feb. 29, 2016; hereinafter “former Trademark Act”) and Article 93 of the former Trademark Act (amended by Act No. 14033, Feb. 29, 2016); selection of fines

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant alleged that the trademark is identical or similar to another person's registered trademark (including a person who succeeds to his/her status) under Article 57-3 (1) and Article 57-3 (1) of the former Trademark Act (the right to continue to use the trademark following prior use) (1) A person who uses a trademark identical or similar to another person's registered trademark on goods identical or similar to the designated goods and meets all the requirements of the following

1. The trademark has been used in Korea since before an application for registration of another person's trademark was filed without the purpose of unfair competition;

2. The trademark shall be recognized as indicating the goods of a specific person among domestic consumers at the time of an application for registration of another person's trademark as a result of using the trademark in accordance with subparagraph 1.