Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant operates a store with a trade name "C" in Yangcheon-gu Seoul Metropolitan Government.

피고인은 2016. 2. 14 16:00 경 위 매장에서 1985. 9. 17 자로 대한민국 특허청에 등록( 제 0118012호) 한 프랑스 "루 이비 똥" 상표가 부착된 토트 빽( 여성용) 8개, 남자용 서류가방 1개, 백 빽( 여성용) 2개, 남자용 크로스 빽 2개, 쏠 더 빽( 여성용) 4개 등 총 17개를 판매할 목적으로 매장 내에 전시해 놓고 불특정 다수인을 상대로 판매하여 상표권을 침해하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A protocol of seizure and a list of seizure;

1. Original register of trademark registration;

1. LV photographs (LV) controlled by the violation of the Trademark Act (the Defendant alleged to the effect that “the Defendant was unaware of whether the Defendant’s act committed a secondhand product violates the Trademark Act,” but even if so, the following circumstances acknowledged by the evidence of the judgment, namely, that the instant product is a forged product, and that the Defendant was aware that it was a forged product.

In light of the circumstances such as the statement, the defendant's act does not constitute "when there is a justifiable ground for misunderstanding" under Article 16 of the Criminal Act, and the defendant's argument is rejected.

Application of Statutes

1. Relevant legal provisions and Article 93 of the Trademark Act regarding criminal facts, the choice of fines, and the choice of fines;

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;