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Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
No person shall commit any act infringing on a trademark right or an exclusive license for use.
Nevertheless, from November 18, 2016 to December 18, 18:30 of the same day, the Defendant displayed to the Korean Intellectual Property Office 400840123000, a trademark registration number No. 40084028000, a forged trademark identical or similar to the trademark “DESE” registered by the Korean Intellectual Property Office, 17 punishment and 11 punishment on household effects, trademark registration number No. 4007392000, and 21 punishment on household effects attached with a forged trademark identical or similar to the trademark “lecoqs” registered by the Korean Intellectual Property Office No. 4000 on November 18, 2016, for sale to many unspecified customers, and infringed the above trademark right.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. C’s statement;
1. A protocol of seizure and a list of seizure;
1. Application of statutes on site photographs;
1. Article 230 of the relevant Act on criminal facts, Article 230 of the Trademark Act on the Selection of Punishment, and Selection of Fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 236(1) of the Trademark Act that is confiscated;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;