A defendant shall be punished by imprisonment for six months.

Seized evidence 1 to 21 shall be confiscated.

Punishment of the crime

On May 10, 2018, the Defendant was sentenced to six months of imprisonment for violating the Trademark Act at the Busan District Court, and completed the execution of the sentence at the Jinju prison on August 24, 2018.

The Defendant is a person who sells clothes, bags, etc. in Busan Jung-gu.

No person shall possess goods identical or similar to designated goods bearing another person's registered trademark or any other trademark similar thereto for the purpose of transfer or delivery.

On April 19, 2019, around 10:36, the Defendant: (a) received 217 points listed in the list of attached crimes, such as bags, labels, etc. with a similar trademark attached to the Korean Intellectual Property Office; and (b) possessed them in order to transfer or deliver to customers who are not registered; (c) thereby infringing the trademark rights of the trademark right holder by obtaining the trademark right holder’s use of the attached list, such as “E”, “F”, “G”, and “G”, which are the trademark right holder of the Republic of Korea, from the French-gu Busan District Court; and (d) obtained the designated goods from the Korean Intellectual Property Office, such as bags, labels, etc. with a similar trademark attached.

Summary of Evidence

1. Defendant's legal statement;

1. The police seizure record and the list of seizure;

1. Investigation report (Attachment of the original trademark register relating to the seized articles);

1. Previous records: Application of Acts and subordinate statutes on criminal records, correspondence records and personal confinement status;

1. Article 230 of the Trademark Act and the choice of imprisonment concerning facts constituting an offense

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing Article 236 of the Trademark Act;

1. Aggravation of the types of recommendation [decision of types] according to the sentencing guidelines for intellectual property rights crimes: [Type 1] the act of infringing on registration rights (special person], the act of infringing on registration rights (special person): Aggravation of repeated crimes of the same kind (the scope of recommendation and recommendation], the area of aggravation of aggravated punishment, imprisonment with labor for one year and six months to three years;

2. Determination of sentence: The Defendant was sentenced three times to suspend the execution of imprisonment for a violation of the Trademark Act, and was sentenced two times for a repeated crime, but again committed a crime during the repeated crime period.