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.

The defendant is a person who distributes and sells a new device while keeping a new device on which a fake trademark is attached in Jung-gu Seoul Metropolitan Government C2.

No one shall deliver, sell, forge, imitate, or possess a trademark identical or similar to another person's registered trademark for the purpose of using or making another person use such trademark on goods identical or similar to the designated goods.

Nevertheless, at around 22:40 on October 29, 2016, the Defendant: (a) stored a fake trademark of “age f. B. B.” registered with the Korean Intellectual Property Office No. 014474, in the storage at the above custody, for sales purposes; (b) stored a fake trademark of “age f. B. B.” for the purpose of sale; and (c) stored a 282 foot, on which a fake trademark is attached, for the purpose of sale; and (d) stored a total of 516 f.m., on which a fake trademark is attached (total of KRW 14,350,000,00 in the market value of f.s.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. A written appraisal or the original register of trademarks;

1. Application of field photographs and photographs statutes;

1. Each Article 230 of the Trademark Act regarding facts constituting an offense (with respect to each registered trademark, each of them shall be subject to imprisonment);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Reasons for sentencing under Article 236(1) of the Trademark Act;

1. The basic area (referring to 10 months to 2 years) of the act of infringing on registration guidelines (referring to the scope of a recommended punishment) (referring to the case where the actual damage is insignificant (referring to the person subject to special sentencing) and the previous convictions of not less than three times;

2. Goods handled by the Defendant for a sentence are forged by forging a famous trademark widely known domestically and overseas, thereby undermining the business reputation of the owner of the trademark right and disturbing market order by distributing related goods.

Since the amount of infringing goods handled by the defendant is not so much, the criminal liability is not easy.

Moreover, the defendant has already been punished three times for the same crime.