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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The Defendant, from November 22, 2016 to January 2, 2017, formed the B B B B Round with the name of “B” on the B Round, and was engaged in activities as “the operator (operator).” The Defendant posted and sold the forged clothes attached with a trademark identical to “PEARL GETS ( Paris Rots)” on the B Round bulletin, which is a trademark registered with the Korean Intellectual Property Office (registration No. 0795622), and is a trademark for the exclusive use of the victim Co., Ltd. as a trademark.
1. On December 2016, 2016, the Defendant: (a) sold 1 point to a member of the said “PEARY GETS ( Paris Rots)” as a male similar to the said “PEARY Round” trademark to the 100,000 won, and infringed the trademark right of the said trademark right holder.
2. On December 2016, 2016, the Defendant: (a) sold one point of male, similar to the trademark “PEARY GETS” to the “PEAY GETS” to the said “D” member, on the insane located in Daegu; (b) sold one point of male, 1,000 won (358,000 won at the fixed price) and infringed the trademark right of the said trademark right holder.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement E by a complainant agent;
1. Complaint;
1. The screen (B) photographed by the party against whom he / she had operated by the party against whom pictures, screen pictures, and screen pictures and receipts of the products purchased from the party against whom he/she met by cutting down the screen with the seller's information.
1. Images taken by the victim after capturing the image of the sold product posted in B.
1. Business registration certificate, copy of the register of trademarks (PEARLY GTRS), and application of Acts and subordinate statutes to appraisal documents;
1. Article 230 of the Trademark Act and the choice of fines, respectively, for 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 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;