Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

2. The fact that the judgment defendant had a record of being punished for the same kind of crime, and that the defendant again commits the same crime on the day immediately following the enforcement date is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized all of the crimes of this case, against his mistake, appears to be a crime of living, and the fact that it seems that the current situation seems that the defendant has retired and sold other commodities, such as this case, is favorable to the defendant.

In full view of the above circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and various circumstances that form the conditions for sentencing as shown in the records and arguments of this case, such as the circumstances after the crime, the sentence imposed by the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act

1. Article 97-2 (1) of the Trademark Act that is confiscated;

1. In full view of the conditions of sentencing prior to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the sentence is determined as per Disposition.