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

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

Punishment of the crime

The Defendant is a person who sells a fake sign with a foreign name trademark using a post office line in the operation of a street store in front of the Seoul Jung-gu Seoul Central Commercial Building.

On January 5, 2017, the Defendant, around 00:15, kept the clothing, etc. of 1,269 (1,126717,00 won at fixed price) for the purpose of selling the clothing, etc. of 1,269 (1,1267,00 won at fixed price) as shown in the attached crime list (1). The Defendant infringed the trademark right holder’s trademark by keeping the clothes, etc. of 1,269 (1,1267,00 won at fixed price), which is identical or similar to the trademark owner’s trademark owner’s registered with the Korean Intellectual Property Office (No. 0292).

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols and lists of seizure, Abek CDs, the original register of trademark registration, Abek CD-styles, and the price of products using sirens;

1. An investigation report (to attach a copy of the monthly rent contract of a warehouse, to attach photographs of seized articles, to the original register of trademark registration, and to attach data on prices of seized articles);

1. Application of the Kakao scaro photograph Acts and subordinate statutes

1. Relevant legal provisions and Article 230 of the Trademark Act regarding criminal facts (to be comprehensively applied to each registered trademark, with respect to each type of imprisonment);

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 suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Sentencing sentencing guidelines for sentencing under Article 236(1) of the Trademark Act: Knowledge property rights crimes, registration infringement actions, basic areas, imprisonment with labor for ten months or more to two years, and multiple crime processing standards are leased to a place where a defendant who is in charge of the storage of infringed goods takes custody of the infringing goods for a long time, and the case is not less weak, and the defendant has been punished once due to the same kind of crime in the past.

On the other hand, the defendant shows the attitude of reflecting the fact that the defendant kept the infringing goods in order to sell them, and suspend the business of this case and operate legitimate food stores.