A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

From November 201 to December 28, 2012, the Defendant manufactured a bags with a well-known trademark attached at a factory located in the first floor in Junggu Seoul, Jung-gu, Seoul, and sold 120 points, such as a fake provincial house, to D, Yongsan-gu, Seoul. On or around December 28, 2012, the Defendant kept a false trademark in the same shape as “GIVNCHY” (No. 06450) registered as a trademark right holder at the above factory, which is a trademark of “local city” (No. 066,00,000 won in total), 43 points on a household with a well-known trademark attached as indicated in the attached list of crimes, thereby infringing upon the trademark right holder and the aforementioned finished product with a well-known trademark, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A written confirmation of control;

1. Records of seizure and the list of seizure;

1. Investigation report (report on the crackdown of a person who violates the Trademark Act), investigation report (report on the confirmation of the current market price of goods);

1. Five copies of the detailed inquiry of the registration of trademark rights;

1. Application of 7 copies of enforcement field photographs of the Acts and subordinate statutes;

1. Articles 93 and 93 of the Trademark Act and the choice of punishment for each crime;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

4. The main sentence of Article 62-2 (1) and (2) of the Criminal Act for probation;

5. For reasons for sentencing under Article 97-2(1) of the Trademark Act, the Defendant needs to have the recovery of punishment for the same crime committed more than four times, and to punish the crime of this case again.

However, the period of the instant crime is not so long as the Defendant’s workplace is relatively small, and the Defendant’s workplace is relatively small, and there was no record of punishment from December 28, 2007 to the instant crime, and due to living conditions, it led to the instant crime. The Defendant is led to confession and reflect, and other matters are the Defendant’s age, character and conduct, environment, motive and background of the crime, means and result, etc.