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

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

No person shall deliver, sell, forge, imitate or possess a trademark identical or similar to the registered trademark of another person for the purpose of using or making another person use it on goods identical or similar to the designated goods.

On September 3, 2016, the Defendant infringed another person’s trademark right registered with the Korean Intellectual Property Office by displaying and keeping, for sale, a fake trademark, which is identical or similar to another person’s registered trademark, in front of the store located in Jung-gu Seoul Metropolitan Government, as indicated in the list of crimes, at the street store prior to the store located in Jung-gu, Seoul, and displaying and keeping for the purpose of selling 53 points on a fake trademark, which is identical or similar to the other person’s registered trademark,

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of suspect at the control site;

1. The list of seized articles and photographs thereof;

1. An appraisal opinion;

1. Application of Acts and subordinate statutes to copies of the trademark registration ledger;

1. Relevant Article 230 of the Trademark Act and the choice of fines for a crime (including each trademark), each of the provisions of the relevant Act and the choice of punishment;

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 236(1) of the Trademark Act that is confiscated;

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