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Defendant shall be punished by imprisonment for a term of one year and six months.
Reasons
Punishment of the crime
From December 2015, the Defendant, along with D, supplied 10,020 sets of cosmetic 10,020 (total market price of 1,202,40,000 won) for fakes manufactured using a trademark identical or similar to the trademark (registration number No. 0039246, a trademark right holder (owner) with D) for which a non-name-based person was registered with the trademark (jum). D intended to manage the warehouse kept by the above cosmetic, and D intended to gather middle circulation books to purchase the above cosmetics and sell them to them and distribute them to the market.
1. No person who violates the Act shall sell cosmetics manufactured or imported and sold by a person, other than registered manufacture-sellers, or store or display them for sale;
The Defendant, together with D, sold a total of 3,919 feet to G, an intermediate distribution book, from January 29, 2016 to February 1, 2016, while he/she received and kept for sale 10,020 sets of cosmetic 10,020 (total market price of refined items 1,202,40,000) manufactured by non-cosmetic manufacturers registered in the F warehouse, etc. located in E at Yangju-si from February 2, 2016.
Accordingly, the Defendant, in collusion with D, sold or stored for the purpose of selling cosmetics manufactured by a person other than registered manufacturer.
2. No person who violates the Trademark Act shall use or cause another person to use a trademark identical or similar to another person's registered trademark on the goods identical or similar to the designated goods, or manufacture, sell, forge, imitate, or possess such trademark for the purpose of using it;
A. On January 29, 2016, the Defendant, along with D, received 38% (45,600 won per set) of the market price of refined goods from G, which is an intermediate circulation book, in a warehouse located in H at Yangju-si, around January 29, 2016. The Defendant received 38% of the market price of refined goods through the said G (the total market price of 57,600.