사기등
The defendant's appeal is dismissed.
1. The sentence imposed by the court below on the defendant (one hundred months of imprisonment) is too unreasonable.
2. The offense of violating the Trademark Act is an offense infringing upon a legitimate trademark right holder’s right, and at the same time disturbing the sound trade order in the market, and the quality of such offense is not weak;
The number of goods for which the defendant infringed the trademark right has reached 639, and the damage has not been recovered even though the damage was deemed to have considerable damage to the credit and economic aspects suffered by the damaged company.
The crime of fraud in this case is a majority of the victims who purchased fake products due to the defendant's business activity (213 victims who attempted to commit fraud due to the cancellation of purchase) and the amount of defraudation is 50,662,750 won in total.
There is no special reason to change the punishment of the court below for the first time.
In full view of the above circumstances and other circumstances, the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed as unfair because it is too unreasonable.
Therefore, the defendant's assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.