Text
Defendant shall be punished by a fine of 2.5 million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
No one shall, without legitimate authority, deliver, sell, forge, imitate, or possess a trademark identical or similar to the registered trademark of another person for the purpose of using or making another person use such trademark on goods identical or similar to the designated goods.
Nevertheless, at around 17:00 on March 26, 2012, the Defendant, without legitimate authority, carried 5,000 won in total, 197,5,000 won (2,5,000 won per occupation) and 19 points (2,5,000 won per occupation) for sale, which are identical to the trademark registered with the Korean Intellectual Property Office (registration No. 380952, No. 362551) and the trademark registered with the Korean Intellectual Property Office, respectively.
Accordingly, the defendant infringed the trademark right of the above trademark right holder.
Summary of Evidence
1. Defendant's legal statement;
1. Records of seizure and the list of seizure;
1. Application of the statutes of the original trademark register;
1. Relevant Articles of the Act and Article 93 of the Trademark Act concerning facts constituting an offense;
1. Articles 70 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;