Defendant

A shall be punished by a fine of KRW 4,000,00 and by a fine of KRW 2,00,000, respectively.

The above fine is imposed against the Defendants.

Punishment of the crime

The Defendants leased the office of Daegu Northern-gu C 105 to operate the Internet site (D) while conducting personal publicity activities via the Internet, and sell new shoes, clothing, etc. to the buyers upon their orders.

No one shall manufacture or sell goods on which a trademark identical with or similar to the registered trademark of another person is marked, or keep such goods for manufacturing and sales purposes.

Nevertheless, at around 15:00 on October 5, 2012, the Defendants kept a total of 418 points (31,60,000 won) for sale as shown in attached Table 1, including 32 points for a fake NIK (Gakk, trademark registration number E, trademark right holder’s age) movement with the same forged trademark attached to the Korean Intellectual Property Office (NIK (Gak), registered with the Korean Intellectual Property Office, at around 105, Daegu North-gu, which was leased by Defendant A for the purpose of Defendant A’s office. The Defendants infringed the trademark rights owned by the trademark right holder by selling a total of 418 points (31,060,00 won of the fixed goods) as shown in attached Table 2, as shown in attached Table 2, through the Internet site operated by the Defendants.

Summary of Evidence

1. Defendants’ respective legal statements

1. Records of seizure and the list of seizure;

1. Notification of investigation reports (for listed goods on a website), the results of product verification, and the fixed price of goods;

1. Application of Acts and subordinate statutes, such as control and photograph of seized articles;

1. Defendants: Article 93 of the Trademark Act and Article 30 of the Criminal Act (Selection of Fines)

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

1. Defendant A: Article 97-2 (1) of the Trademark Act;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;