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

1. 가짜 샤넬 (CHANEL) 향수 판매, 보관

가. 피고인은 2015. 7. 1.부터 2015. 12. 8.까지 서울 서초구 C 건물 303-1 호에서 상표권자 ‘ 샤넬쏘시에 떼 아노님’ 의 등록 상표인 ’CHANEL( 등록번호: 제 42113호)‘ 와 동일 또는 유사한 모양의 위조 상표가 부착된 향수 507점 정품 시가 합계 96,076,500원 상당을 불특정 다수인에게 판매하여 위 상표권자의 상표권을 침해하였다.

B. On December 10, 2015, the Defendant, on December 10, 2015, stored an amount equivalent to KRW 22,361,00,00 in total at the market price of fake “CHEL” with a forged trademark attached in the above C Building 303-1, for sale purposes, and infringed the trademark right of the said trademark owner.

2. Sale and storage of fake DIDR (DIDR) ;

A. From July 2, 2015 to December 8, 2015, the Defendant sold 25,410,000 won, total market value of 121,00,00 won, to many unspecified persons, and infringed the trademark right of the said trademark right holder, by selling a forged trademark of the same or similar shape as “CHTSN DIOR (registration number: No. 1488)”, which is the trademark right holder of the said C Building 303-1, the trademark right holder of the said building, to be registered.

B. On December 10, 2015, the Defendant, on December 10, 2015, kept a total of KRW 8,400,000 of the market value of fake “CHTSN DID” 40% of the market value with a forged trademark attached under the above C Building 303-1, and infringed the trademark right of the said trademark right holder.

Summary of Evidence

1. Statement by the defendant in court;

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

1. 판매 내역 장부정리( 디 올, 샤넬), 각 상표 등록 원부( 샤넬, 크리스 찬 디오르) 법령의 적용

1. Relevant legal provisions and Article 93 of the Trademark Act regarding facts constituting an offense (the point of infringement of trademark rights 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 stay of execution (Article 62 (1) of the Criminal Act on the grounds of sentencing as follows);

1. The defendant, on the grounds of sentencing of Article 97-2(1) of the Trademark Act, faces professional revenues.