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

On August 27, 2015, the Defendant was sentenced to two years of suspension of the execution of imprisonment with labor for violating the Trademark Act at the Seoul Central District Court on October 27, 2015, and the judgment became final and conclusive on September 4, 2015.

No person shall cause confusion with another person's goods by using any one identical or similar to another person's name, trade name, trademark, or container or package of goods, or any other one widely known in the Republic of Korea as one indicating another person's goods, or by selling, distributing, importing, or exporting goods using such another person's goods, or by using any one identical or similar to another person's name, trade name, or emblem, or any other mark widely known in the Republic of Korea as one indicating another person's business.

Nevertheless, on April 2015, the Defendant, using the trade name “D” in B website C, advertised “E” and sold cosmetics using the trademark “H” widely known to the Korean Intellectual Property Office (registration number G) from February 26, 2003 by the victim F Co., Ltd., a trademark from February 26, 2003, thereby causing confusion as if the above cosmetics were the damaged person’s cosmetics, thereby causing confusion with the victim’s business activities.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of I by the prosecution;

1. Statement made by the police to J;

1. Complaint;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment of data about an accident related to a defendant), previous conviction in disposition, and reporting results of confirmation;

1. Article 18 (3) 1, subparagraph 1 and (a) and (b) of Article 2 of the Act on the Prevention of Unfair Competition and the Protection of Trade Secrets for the crime and Article 18 (3) 1, and Article 2 of the same Act on the Protection of Trade Secrets;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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;