A Imprisonment with prison labor for a year and six months, each of the defendants B, C, and D shall be punished by imprisonment with prison labor for a year.

except that this judgment.

[criminal records] Defendant A was sentenced to imprisonment with prison labor for one year and six months for fraud in the Mayang Branch of the District Court on April 22, 2016, and the judgment became final and conclusive on December 1, 2016.

[Criminal facts] Defendant A is a person operating the cosmetic M Co., Ltd. on the 1st floor of Gangseo-gu Seoul Metropolitan Government L-gu L, and Defendant B is a person working in the O of the cosmetic manufacturing company in Naan-si.

No person shall infringe on a trademark right of a trademark right holder by delivering, selling, forging, forging, storing or possessing for the purpose of sale a trademark identical or similar to another person's registered trademark without the consent of the trademark right holder for the purpose of using it in goods identical or similar to the designated goods.

Although the Defendants did not have concluded a contract for the manufacture of cosmetics with Korea, or with cosmetics, or obtained permission for the manufacture of the products using the above company’s registered trademark, the Defendants gathered in the middle of April 2015 on the mutual influence of the trade name in Boan, which is similar to the “OTRHIA Mere (Trademark No. 4264555)” registered with the Korean Intellectual Property Office, and intended to manufacture and sell the maternity cosmetics attached with the “OTRHIA”, which are similar to the “OTRI Mere (Trademark No. 426455)” registered with the Korean Intellectual Property Office.

Accordingly, Defendant A and Defendant C invested KRW 20 million in the cost of manufacturing cosmetics around April 30, 2015. around June 2015, Defendant C leased the office of North-gu P and fourth floor 410 in the name of Defendant C and then purchased cosmetics in the name of “ Q” at the place of manufacturing cosmetics; Defendant C and Defendant D purchased cosmetics in the “T” operated by S in Silri-si, Silri-si; Defendant B manufactured maternity cosmetics using the manufacturing technology from July 2015 at the above place of manufacturing cosmetics from around July 2015; Defendant C requested the manufacturer of cosmetics to obtain 10,000,000 printed cosmetics and supplied them to Defendant D.