Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant is a person who operates the Gangseo-gu Seoul Metropolitan Government “C” at a character store.

No person shall infringe on a trademark right by an act of possessing, for the purpose of transfer or delivery, any goods identical with or similar to the designated goods bearing a trademark registered by another person or any similar trademark without any legitimate authority to use such trademark.

Nevertheless, from May 2016 to January 12, 2018, the Defendant possessed a total of 15,730 points such as forged earphones (an amount equivalent to KRW 416,142,00) from May 2016 to January 12, 2018, and infringed upon the trademark rights of E, etc., which were registered with the Korean Intellectual Property Office.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (on the spot control of forged goods selling stores), investigation certificate, and on-site photographs;

1. The investigation report (with regard to whether seized or not), the translation of the written expert opinion, and the original written expert opinion;

1. Investigation report (with respect to the fixed price and the trademark registration ledger), list of the fixed price of goods, and the trademark register;

1. Application of the Act and subordinate statutes to the investigation report (as regards the photographs of seized articles

1. Article 230 of the Trademark Act and Article 230 of the same Act concerning criminal facts and the choice of fines;

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

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

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

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