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

On November 10, 2015, at around 13:15, the Defendant: (a) displayed in order to sell 1 point for women who had the same shape of counterfeit trademark (No. 030235) as the registered trademark (trademark registration number No. 030235) to a French company registered with the Korean Intellectual Property Office, thereby infringing on the trademark rights of the said trademark right holder, respectively, by displaying to sell one point for women who had the same shape of counterfeited trademark (trademark No. 0472496) as the registered trademark (trademark No. 0472496) to a French company.

Summary of Evidence

1. A protocol concerning the examination of suspect of a defendant prepared by the police;

1. Written statements prepared by D;

1. Records of seizure and list of seizure prepared by the police;

1. A copy of the trademark registration ledger;

1. Application of Acts and subordinate statutes to photograph seized articles;

1. Article 93 of the Trademark Act (Selection of a punishment) comprehensively covering each of the relevant legal provisions and each of the registered trademarks with regard to facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 97-2 (1) of the Trademark Act that has been confiscated;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;