A defendant shall be punished by imprisonment for not less than one year and six 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 a factory for manufacturing fakes in Guro-gu Seoul Metropolitan Government D-gu.

No one shall use, or sell or possess for the purpose of having another person use, a trademark identical or similar to the registered trademark of another person on goods identical or similar to such designated goods.

피고인은 2015. 6. 4.경 위 공장에서 상표권자인 ‘루이비똥말레띠에’가 대한민국 특허청에 상표등록한 ‘LOUIS VUITTON'의 위조 상표가 부착된 지갑 34점, 지갑 원단 13야드, 상표권자인 ‘샤넬’이 대한민국 특허청에 상표등록한 ‘CHANEL’의 위조 상표가 부착된 지갑 5점, 라벨 183장 등을 판매할 목적으로 소지하고, 2012.경부터 2015. 5. 27.경까지 서울 마포구 E에 있는 F의 집 앞에서 위와 같이 ‘LOUIS VUITTON', ‘CHANEL’의 위조 상표가 부착된 지갑 4,300여 점을 제조하여 F에게 판매함으로써 타인의 상표권을 침해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol of examination of suspect regarding F by the prosecution;

1. A written statement;

1. Application of each investigation report (including attached documents), analysis and reporting (including attached documents) on the location of a factory, and statutes on seizure records;

1. Relevant Article 93 of the Trademark Act and the choice of punishment concerning facts constituting an offense, each of them shall be punished by imprisonment and 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 (The following extenuating circumstances among the reasons for sentencing);

1. Probation under Article 62-2 of the Criminal Act;

1. The grounds for sentencing under Article 97-2(1) of the Trademark Act, Article 48(1) of the Criminal Act [the scope of recommending punishment], and the scope of final sentence due to the aggravation of multiple crimes in the basic area (10 to 2 years) and the basic area (10 to 10 years): 10 months to 3 years [the decision of sentence] imprisonment, 1 year and 6 months to 2 years of suspended sentence, and 2 years to probation, despite the fact that the defendant had been punished for the same kind of crime, the nature of the crime is somewhat weak in light of the fact that the defendant repeated the crime.