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Defendants shall be punished by imprisonment for one year.
However, each of the above two years from the date this judgment became final and conclusive is against the Defendants.
Reasons
Punishment of the crime
Defendants are vice-surbing, and are engaged in operating the clothing wholesale and retail store of the trade name “E” located in Daegu-dong-gu D.
No one shall use a trademark identical with or similar to another person's registered trademark on goods identical with or similar to the designated goods, and deliver, sell, forge, imitate, or possess such trademark for the purpose of using or making another person use it.
1. On September 30, 2013, at E located in Daegu Dong-gu, Daegu-gu, the Defendants conspired and sold 20 punishments for the above registered trademark by being supplied with a trademark similar to the BLACK YAK trademark design design attached by F to the Korean Intellectual Property Office, and then, from around that time to June 21, 2014, the Defendants infringed the trademark rights of the above registered trademark by being supplied with the total of KRW 1,757,475,000 won in the total value of the forged 4,945 punishment market value as shown in the attached list of crimes (1).
2. On September 13, 2015, the Defendants conspired to obtain and keep a total of KRW 203,131,00,000 won, as indicated in the [Attachment 2] Crimes List (2], such as BaACK BacK Back Back Back Back Back Back Dock Dock Dock Dock Dock Dock Dock Dock Dock Dock Dock Dock Dock., thereby infringing on the trademark right of the above registered trademark.
Summary of Evidence
1. Defendants’ respective legal statements
1. A copy of each protocol of suspect examination of the police against F;
1. Records of seizure and the list of seizure;
1. Application of Acts and subordinate statutes to the scene of seizure, such as door-to-door material, on-site photograph, message and photograph, investigation report (appraisal of seized articles), photograph, trademark register and appraisal report, investigation report (Attachment of the place of seizure and photograph of seized articles), and photograph of the scene of seizure;
1. Article 93 of the Trademark Act and Article 30 of the Criminal Act concerning the facts constituting the crime
1. Selection of the penalty, and the decision of imprisonment with prison labor;
1. Concurrent Crimes.