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

[criminal record] On June 29, 2010, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) at the Seoul Central District Court, and two years of probation were sentenced to suspended execution on July 7, 2010.

[Criminal Facts] The Defendant purchased counterfeit goods from a person with no name in China (hereinafter “C”), and had a mind to import counterfeit goods into the Republic of Korea using a ship entering the Incheon Port from the Chinese registry.

On November 3, 2011, the Defendant received, from the chief prosecutor of the first customs office of Jung-gu Incheon, the amount of KRW 348,284,504, as shown in the attached list of crimes, the Defendant, without any legitimate authority, the trademark right holder’s “Bururiuride” registered with the Korean Intellectual Property Office as designated goods by using the handbag, etc. as a trademark (trademark registration number: No. 0497230) that is identical or similar to the design of the trademark (trademark registration number: No. 0497230) and imported forged goods of KRW 348,68,284,504, as indicated in the attached list of crimes.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written request for accusation and written opinion, and written opinion;

1. Billing, accounting method, accounting method, marketing list (fore, No. 8, 9, 10 pages of investigation records);

1. A certificate of actual owner;

1. Each written appraisal and the original register;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 93 of the former Trademark Act (Amended by Act No. 10811, Jun. 30, 2011; Act No. 10811, Dec. 31, 201);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The sentencing of Article 97-2(1) of the Trademark Act provides that the estimated market price of the reasons for sentencing of Article 97-2(1) of the same Act shall not exceed KRW 668,284,504, and the quantity of the counterfeit goods of this case shall be reasonable, and attempts to directly import in China