Text
Defendant shall be punished by a fine of KRW 1,500,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant is a person who operates a clothes sales business under the trade name of “D” in subparagraph 3 of Article 3 of the Jung-gu Seoul Central District Office C underground.
No person shall possess, without legitimate authority, goods identical with or similar to designated goods on which a trademark identical with or similar to another person's registered trademark is marked, for the purpose of transfer or delivery.
Nevertheless, at around 13:50 on January 11, 2016, the Defendant kept 34 points (a total of 5,940,000 won) of counterfeit products as indicated in the attached Table of Crimes, including six points (a total of 5,940,000 won) attached to the trademark “MNCE” under the trademark “MNCE E. E. E. E. E. E. E.”, the trademark right holder “MNCE”, “MNCE E. E. E. E. E. E. E.” (hereinafter “M37376”).
Accordingly, the defendant infringed the trademark right of each trademark right holder.
Summary of Evidence
1. Statement by the defendant in court;
1. Police seizure records (including list of seizure);
1. Application of Acts and subordinate statutes of Part V of the enforcement photographs, trademark registration ledger;
1. Article 93 of the Trademark Act and Article 93 of the same Act and the choice of fines for criminal facts;
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;