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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a person who sells mountain clothes, etc. on the first floor of the building in Nam-gu Incheon Metropolitan City without trade name.
No person shall use a trademark identical with or similar to the registered trademark, or infringe on trademark rights by using goods identical with or similar to the designated goods.
Around September 15, 2014, the Defendant: (a) was a person who did not have trademark rights to handle and sell the same brand products registered with the Korean Intellectual Property Office in the Republic of Korea; (b) on September 15, 2014, the Defendant violated the exclusive license of each owner of the above trademark by selling the same brand products registered with the Korean Intellectual Property Office in the Republic of Korea; (c) around September 13:20, 2014, for the purpose of selling the same brand products to many unspecified customers, such as black, yellow, Spanish, Spanish, Croke, Croke, Croke, k2, mar, k2, k2, age, and NAmpha trademark, as shown in the attached Table 1,295 total number of 1,295,278,000 won.
Summary of Evidence
1. Defendant's legal statement;
1. A report on investigation (as a result of appraisal of forged goods), and a report on the appraisal of seized intellectual property rights;
1. Each original trademark register;
1. Records of seizure and the list of seizure;
1. Application of statutes on site photographs;
1. Article 93 of the Trademark Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative fine for punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 97-2 (1) of the Trademark Act that is confiscated;
1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.