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

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

B The resolution of the dispute resolution committee in the bill of indictment seems to be written in writing. The company that manufactures domestic and foreign motor vehicles and their parts, which is registered with the Korean Intellectual Property Office as a trademark unique to the Korean Intellectual Property Office, such as "C" and "D," and parts produced and distributed by the subcontractor can be sold only through the circulation network under B.

From December 2, 2017 to December 2, 2019, the Defendant purchased 28 kinds 3,104 motor vehicle parts indicated in the attached list of crimes (320,416,360 won at the fixed price) from L, etc. operating the secondhand goods in the warehouse, etc., and possessed for the purpose of transferring or delivering to the needy persons of name after purchasing 28,104 motor vehicles parts indicated in the attached list of crimes, such as L, etc. related to the G trademark (trademark registration number H) with trademark rights and J trademark (trademark registration number K), and L, with trademark rights of the F corporation.

Accordingly, the defendant violated the above trademark right holder's exclusive license.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on a sales contract of the items that leak the current status of seized articles A (such as photographs, etc.) of the seizure list to M, N,O, P, Q, and R, the application for trademark registration, the Trademark Gazette, and the goods refused to be removed;

1. Relevant Article 230 of the Trademark Act and the choice of punishment concerning facts constituting an offense, each of them shall be subject to imprisonment;

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. For the reason of sentencing under Article 236(1) of the Trademark Act, the size of the goods acquired by the defendant is large and the profits gained by the defendant are not many.

However, the defendant committed the crime of this case.