A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

No act of delivering, selling, forging, forging, forging, or possessing a trademark identical or similar to another person's registered trademark for the purpose of using or making another person use it on goods identical or similar to the designated goods.

Nevertheless, at around 16:20 on December 8, 2014, the Defendant possessed a total of 552 points such as clothes, shoes, and bags (a total of KRW 120 million at the estimated price of fixed goods) as indicated in the attached crime list, such as galthal ju, which attached a trademark identical to the trademark registered with the Korean Intellectual Property Office by “D” store located in Gwanak-gu, Seoul Special Metropolitan City, without legitimate authority, for the purpose of selling them.

Accordingly, the Defendant infringed the trademark right of the above trademark right holder as above.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the statutes of the register of seizure, list of seizure, and trademark;

1. Article 93 of the Trademark Act and the choice of punishment concerning facts constituting an offense

1. Of concurrent crimes, Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act [in cases where an act of infringement of trademark rights under Article 93 of the Trademark Act was continued with respect to several registered trademarks, one crime is established by combining each one of the registered trademarks and each of the crimes by registered trademark is in a substantive concurrent relationship. A criminal fact that storage or possession of a number of registered trademarks is in a concurrent relationship (see Supreme Court Decision 2011Do12482, Jul. 25, 2013)]

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 97-2(1) of the Trademark Act and Article 48(1) of the Criminal Act [the scope of recommendation] The basic area (10 to 2 years) (10 to 2 years) of the infringement of registration rights shall be decided by imprisonment in consideration of the following: (a) the defendant was punished by a fine for the same crime in 2008 and 2012; and (b) the type and number of trademark rights infringed by this case are not significant.

, however, the defendant.