Defendants shall be punished by imprisonment for ten months.

However, from the date of the final judgment of this case, the defendants are above two years from the date of the final judgment.

Punishment of the crime

1. Defendant A is a person who sells a mobile phone with the trade name of “D” in Daegu-gu C.

On October 23, 2014, the Defendant: (a) purchased cell phone parts, such as 419,000 won or earphones, which were registered with the Korean Intellectual Property Office (trademark registration number: 40-0817494); and (b) purchased from B the cell phone parts, such as 419,000 won or earphones, which were forged with the trademark registration number: 45-026439,0298); and (c) around that time, the Defendant sold the said parts to customers by using the said parts; (d) manufactured so-called “D mobile phone” and sold the said fake phone to customers; and (d) sold the cell phone parts from October 23, 2014 to July 2015; and (e) purchased the cell phone parts from the owner of the trademark right to 60,700,000 won or more; and (e) purchased them from the owner of the trademark right to 60,700,000 won or more.

2. On October 23, 2014, Defendant B purchased mobile phone parts, such as a mobile phone server or earphone, which had become aware of through NAV car page (E), registered with the Korean Intellectual Property Office, and forged the trademark of “SAS UNG” and “APPLE”, and subsequently sold them again to A for KRW 419,00,00, and sold them again to B from October 23, 2014 to July 2015, the trademark right of each trademark right holder was infringed by selling the forged mobile phone parts of KRW 60,721,60 from around July 23, 2014, as shown in the List of Crimes.

Summary of Evidence

1. Defendants’ legal statement

1. Police seizure records;

1. Original register of trademark registration;

1. Account transactions;

1. Application of the Acts and subordinate statutes to Samsung Electronic Appraisal Reports and Appraisal Reports;

1. Defendants of the relevant legal provisions concerning criminal facts: Article 93 of the Trademark Act (Appointment of Imprisonment)

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37 and Articles 38(1)2 and 50 of the Criminal Act;

1. Defendants on probation: Article 62 of the Criminal Act.