A. In fact, the Defendant did not display a bags, etc. that infringe on the trademark right of this case for the purpose of sale.

B. The punishment sentenced by the first instance court (one million won in penalty and confiscation) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the first instance court on the assertion of mistake of facts, it is recognized that the Defendant placed the instant bags along with the clothes, etc. in his/her own C store with the clothes, etc. for the purpose of sale, or displayed the oral display on the lower floor, and thus, the Defendant had the purpose of selling the instant bags, etc.

It is inevitable to see.

B. According to Article 66(1)2 of the Trademark Act, “The act of delivering, selling, forging, forging, or possessing a trademark identical or similar to another person’s registered trademark for the purpose of using it for goods identical or similar to the designated goods or for the purpose of allowing it to be used for goods identical or similar to the designated goods.” The act of carrying an stolen trademark for the purpose of using the goods on which it is affixed constitutes an infringement under Article 93 of the Trademark Act, and the act itself constitutes an infringement under Article 93 of the Trademark Act, and the crime of violating the Trademark Act is not established for the purpose of selling it. Accordingly, the Defendant’s assertion that the above fact-finding is not established cannot be accepted.

B. The Defendant’s judgment on the unfair argument of sentencing seems to have not significant in the size of the crime while running a small business company, and to have relatively little in profits from the crime. However, the first instance court, considering the above circumstances, seems to have already reduced a fine of KRW 1.5 million in the initial summary order to KRW 1.5 million in consideration of the above circumstances, and there is no change in the sentencing conditions that may be considered in the appellate trial, and the Defendant’s age, sex, environment, motive, means, and means of the crime.