However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

On October 21, 2014, at around 16:40, the Defendant: (a) received 279 points from an unqualified person in the upper point of “C” located in Daegu Jung-gu, Daegu-gu, for the purpose of transfer or delivery of 761 points, including holding 761 points as indicated in the attached list of crimes, by being supplied with a trademark identical or similar to “Code” (trademark registration number 0055888) and holding them in order to transfer or deliver them.

Accordingly, the defendant infringed the trademark rights of the trademark right holder.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (as to photographs at the control site), report on investigation ( as to attachment to the trademark register), investigation report ( as to photographs of seized articles);

1. Relevant Articles of the Trademark Act and the choice of punishment for facts constituting an offense, each of them Article 93 of the Trademark Act (integrated by infringed registered trademark) and each of the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 97-2 (1) of the Trademark Act and Article 48 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines (the scope of the recommended punishment) and the basic area (10 months to 2 years) of the act of infringing on registration rights and the basic area (10 months to 10 years) of such act;

2. The defendant who has been sentenced to a fine for the same kind of crime in 2014 shall be selected to be sentenced to imprisonment in consideration of the type and number of trademark rights infringed upon in this case.

However, in full view of the fact that the defendant has no other criminal record than the above fine, the defendant is led to confession, and the defendant is expected not to repeat the crime, and other various circumstances that form the conditions for sentencing, such as the defendant's age, character and conduct, motive, means and consequence of the crime, circumstances after the crime, economic situation, etc., the punishment as set forth in the disposition shall be determined.