The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The crime of violating the Trademark Act is a crime that infringes on the right of a trademark right holder and seriously disturbs the order of trade in the product market, and thus, the crime is not weak, and the defendant purchased fake bags in China and carried them into Korea even though he had the past history of punishing him as a violation of the Trademark Act. Thus, the defendant should be punished strictly.

However, there are circumstances suggesting that the Defendant was out of his occupation to support friendly government with no economic ability after coming to marriage. While the Defendant was able to engage in an investigation by hiding his customer at the early stage of the investigation, the circumstances in cooperation with the investigation such as realizing the course and method of purchasing fakes in China are peep. Above all, the actual sales of the fakes sold or stored by the Defendant during the trial process are considerably different in terms of quality and price compared to the emotional items, such as 20% of the market price of the fakes sold or stored by the Defendant, and there is little possibility for the general public to purchase them directly by misunderstanding them as emotionals, and in light of the empirical rule and the general transaction concept, it seems that the Defendant did not have any particular influence on the demand of emotional items sold by the trademark right holder when considering the fact that the Defendant was detained for five months or more, and that the Defendant’s family members were able to engage in a new offense in the future. More than anything else, the lower court sentenced the Defendant’s punishment more than 10 years in advance.