However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

1. From April 2012 to December 6, 2012, the Defendant manufactured and sold an amount equivalent to 200 points on which a forged trademark of the same shape is attached to the trademark right holder’s “LOIS VUITON” (trademark registration number No. 059471), a registered trademark of “LOUIS VITON” (trademark registration number No. 059471), at a provisional manufacturing factory located in the first floor of Gangdong-gu Seoul Metropolitan Government underground, Gangdong-gu, Seoul, and around December 6, 2012, the Defendant infringed the trademark right of the said trademark right holder by storing 5 points (12,50,000 won at the aforementioned factory) of fake powder, metal decoration, raw materials, etc. for the purpose of manufacturing and selling finished products.

2. From October 2012 to December 6, 2012, the Defendant, in collusion with D and E, a factory employee, manufactured and sold 400 points on which a trademark right holder registered “LOIS VUTRON” (trademark registration number No. 059471), the registered trademark of “LOUS VUTRON” (trademark registration number No. 059471), a trademark of the same shape, was attached, and around December 6, 2012, the Defendant infringed on the trademark right of the said trademark right holder by storing 144 points (in total, 360,000,000 won), and metal decoration in the said factory for the purpose of manufacturing and selling the finished products.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning examination of the suspect of the defendant, D, or E by the prosecution;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to each investigation report (report on attachment of the trademark register and confirmation of the estimated market price of goods);

1. Relevant Article 93 of the Trademark Act concerning facts constituting an offense and each of the choice of punishment;

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. In light of the period, scale, etc. of infringement of trademark rights for sentencing under Article 97-2(1) of the Trademark Act and Article 48(1)1 of the Criminal Act, each of the crimes of this case is committed again under the circumstances where the defendant had been sentenced to two same kinds of fines, on the other hand, the defendant is above the suspension of execution.