The sentence of punishment against the Defendants shall be suspended separately.

Punishment of the crime

On November 22, 2011, even if a trademark was registered with the Korean Intellectual Property Office as “NK” with respect to a used car sales brokerage business, etc., the victim E.S.com Company:

1. The Defendants in violation of the Trademark Act committed an infringement of the victim’s trademark right and exclusive use right by committing an act in collusion with the Defendants by using “B”, which is a similar title to the registered trademark of the victim company through B, “B”, the trademark of the victim company, through B, which is the trademark of the victim company, for the purpose of using it in the same service business as the used motor vehicle sales brokerage business of Category 35 used in the designated service business.

2. Defendants in violation of the Unfair Competition Prevention and Trade Secret Protection Act conspired with each other from December 2015 to May 2016, using “D”, which is similar to the registered trademark of the victim, widely known in the Republic of Korea through the said “D,” and used “D” as the product of the victim company, and caused the Defendants to confuse the Defendants with engaging in the business activities of the victim company.

Summary of Evidence

1. Each legal statement by the Defendants (as at the third public trial date);

1. Application of the Acts and subordinate statutes on filing of a complaint, four hundredsplobs, and investigative reports to the chief of the accusation;

1. Article 93 of the former Trademark Act (Amended by Act No. 14033, Feb. 29, 2016); Article 30 of the Criminal Act on criminal facts; Article 18(3)1 and 2 subparag. 1 of the Unfair Competition Prevention and Trade Secret Protection Act; Article 30 of the Criminal Act on criminal facts

1. Articles 40 and 50 of the Criminal Act see, e.g., Supreme Court Decision 2010Do15512 Decided March 14, 2013

1. Selection of each alternative fine for punishment;

1. The type to be suspended;

(a) Defendant A: Fines of 500,000 won;

(b) Defendant B: Fines of KRW 1,000,000

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) shall be confined in a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (the primary crime is each one, and the perception of illegality is considered to have not been relatively significant.