A defendant shall be punished by imprisonment 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 operates a motor vehicle parts dealer under the trade name “D” in Seoul Dongdaemun-gu Seoul Metropolitan Government Section C.

No one shall deliver, sell, forge, imitate, or possess a trademark identical with or similar to another person's registered trademark for the purpose of using or making another person use such trademark on goods identical with or similar to the designated goods.

A Co., Ltd. is an enterprise that produces domestic and foreign automobiles and their parts, which has registered automobile parts, such as “F” and “G” as its own trademark with the Korean Intellectual Property Office, and parts produced and distributed by the subcontractor can be sold only through E-C Distribution Network.

From April 2019 to June 2019, the Defendant purchased KRW 6 million in total from theO dealing with the parts of the vehicles listed in the attached Table 33 Category 11,978 (27,127,542 won at fixed price) among the parts of the vehicles listed in the attached Table 33, 11,978 (276,127,542 won at fixed price) and sold them to Jungdong exporters.

Accordingly, the defendant violated the above trademark right holder's exclusive use right.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect examination of the police against theO;

1. Each police statement on P, Q and R;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to the leakage items of motor vehicle parts, patent gazettes, field photographs, and current status of seized objects A (such as photographs, etc.);

1. Relevant legal provisions and Article 230 of the Trademark Act regarding criminal facts, the choice of punishment, and the choice 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 Defendant committed the instant crime with the reason for sentencing Article 236(1) of the Trademark Act.