A defendant shall be punished by imprisonment for six 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 operates the miscellaneous point of “C” in Seoul Jung-gu B underground shopping mall/12.

No person shall infringe on a trademark right or exclusive use right by an act of possessing for the purpose of transferring or delivering goods identical with or similar to designated goods on which another person's registered trademark or any other trademark similar thereto is marked.

Nevertheless, on March 31, 2016, the Defendant infringed on the trademark rights of the relevant trademark holders, respectively, by carrying 40 points (a total of 58,280,000 won in total) as indicated in the list of crimes in the attached Form, including the fact that a trademark identical or similar to a trademark registered with the Korean Intellectual Property Office (No. 0423819 of the trademark registration number) without permission, is possessed to sell the 18 points of a fake affixed to the Korean Intellectual Property Office (the trademark registration number No. 0423819).

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records and list of seizure;

1. An appraisal opinion;

1. A copy of the trademark registration ledger;

1. Application of Acts and subordinate statutes to photographs and seized objects of control;

1. Article 93 of the former Trademark Act (amended by Act No. 14033, Feb. 29, 2016; hereinafter the same shall apply) as to facts constituting an offense under Article 93 of the relevant Act

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution ( considered as follows in favor of the defendant);

1. The reason for sentencing under Article 97-2 (1) of the former Trademark Act (amended by Act No. 97-2), [the scope of recommendation] the act of infringing on registration rights, where the infringing goods are not distributed (one month to one year) in the mitigated area (one month to one year), [the person specially mitigated] [the decision of sentence] the defendant has the record of being sentenced to a suspended sentence of imprisonment and a fine for the same crime as the crime of this case, and the defendant has a record of being sentenced to a suspended sentence of imprisonment and a fine, and the trademark right widely known to the general public is infringed, thereby causing considerable damage to the trademark right holder.

(b) forgery;