The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.

2. Before the judgment on the grounds for ex officio appeal was made, the part of the facts charged in the instant case, “from July 23, 2015 to November 19, 2015,” which read “from July 17, 2015 to November 19, 2015,” and “total 309 times (sales price of KRW 40,275,000)”, read as “total 310 times ( KRW 40,425,00)”, and the part of the indictment in the instant case, which read as “the total number of 310 times ( KRW 40,425,00)” was applied for changes to the list of crimes in the attached Form of this judgment, and the judgment below was modified as a result of this court’s permission. Thus, the judgment below was no longer maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts constituting an offense and the summary of the evidence acknowledged by this court shall be as follows: “from July 23, 2015 to November 19, 2015,” the part of “from July 17, 2015 to November 19, 2015,” and the part of “309 times (sales price of KRW 40,275,000)” in column 4 of column 2 shall be as follows: “total 310 times (40,425,00 won)” in the attached list of crimes; the summary of the evidence shall be as follows: “The police statement toG” in the summary of the evidence, and “the statement of Defendant” shall be cited as each of the relevant criminal columns in Article 369 of the Litigation Act, except for the addition of “the statement of Defendant” and “the statement” in the summary of the evidence. It shall be cited as it is in accordance with Article 369 of the same Act.

Application of Statutes

1. Relevant Article of the Act and Article 93 of the Trademark Act regarding facts constituting an offense (to be punished by a fine, including each registered trademark);

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The following circumstances and grounds for sentencing of Article 334(1) of the Criminal Procedure Act are as follows.