A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

The defendant is a person who operates "D" for an electronic commerce company that resides in Seongdong-gu Seoul Metropolitan Government and sells imported goods, and no one shall possess goods identical with or similar to the designated goods on which another person's registered trademark or a trademark similar thereto is marked, for the purpose of transferring or delivering such goods.

Nevertheless, around February 15, 2019, the Defendant sold to many and unspecified persons various counterfeit goods using overseas famous trademarks, such as G, registration number H, and designated goods, purchased at the office located in Seongdong-gu Seoul Metropolitan Government B apartment and shoppingdong E, and G (G, registration number H, and designated goods clothing, etc.) purchased at the F market, etc., and possessed a total of 1,576 counterfeit goods (a total of KRW 1,510,510,000,000,000,000), from May 3, 2019. From that time, the Defendant sold various counterfeit goods using overseas famous trademarks, such as No. 1 through No. 63 of the List of Crimes, to many and unspecified persons, from May 3, 2019.

Accordingly, the defendant infringed another person's trademark right.

Summary of Evidence

1. Defendant's legal statement;

1. The business operator’s closure photographs, “D” sales goods and the sales price and comparison of authentic products on the business Internet site;

1. Each investigation report (the sequence 3,9 of the evidence list);

1. A report on investigation and documents to be attached thereto (the No. 14 through 17 of the evidence list);

1. Reporting whether illegal goods are added, and applying the Acts and subordinate statutes related to computerized outputs reporting criminal origin;

1. Article 230 of the Trademark Act regarding facts constituting an offense and Article 230 of the choice of punishment (where an act of infringement of trademark rights has been continued with respect to several registered trademarks, including each of the registered trademarks, then one crime is constituted by including each of the registered trademarks (see, e.g., Supreme Court Decision 2009Do10759, Jul. 14, 201).