A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who sells clothes in the name of “C” under Article 16 of the Jung-gu Seoul Metropolitan Government Building No. 16.

No person shall use a trademark identical with another person's registered trademark on goods similar to the designated goods or use a trademark similar to another person's registered trademark on goods identical with or similar to the designated goods.

Nevertheless, at around 00:30 on February 8, 2018, the Defendant displayed a total of 4-class 27 counterfeit goods to be sold to many unspecified persons, as shown in the attached list of crimes, with a trademark similar to the trademark registered with the Korean Intellectual Property Office (registration No. 037376) on a mon-type 1, 2018, a trademark similar to the trademark registered with the Korean Intellectual Property Office (registration No. 037376) on a mon-type 1, 2018.

Accordingly, the defendant infringed trademark rights of trademark right holders.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol of seizure and a list of seizure;

1. Application of the relevant statutes to a written appraisal opinion, a copy of the trademark registration ledger;

1. Article 230 of the Trademark Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing of Article 236(1) of the Trademark Act is that the Defendant committed the instant crime even though he/she had been punished several times for the same crime.

However, the sentencing conditions indicated in the arguments of this case, such as the defendant's confession of the crime of this case, the fact that there is no record of punishment exceeding the fine, the fact that there is no record of punishment exceeding the fine, and the age, sex, environment, family relationship, means and result of the crime, etc., shall be determined as ordered in consideration of all the sentencing conditions shown in the arguments of this case.