A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant, operating a Kakao shopping mall called “B” Rober B and “C”, is a person who sells a fake name tag, wallet, signal, clock, etc. with a forged trademark, such as “luin Dui Dui Duna, Guide,” attached thereto.

No person shall commit any act infringing on another person's trademark right or right to exclusive use.

Nevertheless, around January 20, 2014, the Defendant sold goods with a forged trademark, such as CHNNEL, to D through the shopping mall in the above caro, and received transfer of KRW 200,000 from the Defendant’s bank account (E). From around that time to January 27, 2016, the Defendant infringed the trademark rights of each trademark holder by selling approximately KRW 60,691,00 (no conversion price of the fixed goods) of the goods with a forged trademark, such as CHNNNNL, and PEDA, as indicated in the list of crimes, from around 198 to January 27, 2016.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (Attachment of the original register of trademark registration);

1. Account transactions and transaction details;

1. Application of the Acts and subordinate statutes to the Kakao Scaro screen pictures;

1. Articles 93 of the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016) and 93 of the same Act (wholly amended by Act No. 14033, Feb. 29, 2016), each choice of imprisonment for a crime,

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 62 (1) of the Criminal Act on the stay of execution (see, e.g., that the defendant is against his/her will and that the defendant is an initial offender who has no record of criminal punishment);