The judgment of the court below is reversed.

Defendant shall be punished by a fine of 2.5 million won.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won of fine) is too unreasonable.

2. As to the instant case, the crime of violating the Trademark Act is not easy in that it infringes on the right of the trademark right holder and disturbs the market transaction.

However, in light of the fact that counterfeit goods handled by the Defendant are used as entertainment premiums and their quality is very high, and the sales value is merely 1,200 won to 3,300 won per unit. Compared to the authentic goods, the fact that there is a significant difference in terms of quality and pricing in terms of quality and price, and that in light of the empirical rule and general transaction concept, there was no particular impact on the demand of the owner of the trademark right to the authentic goods sold by the owner of the trademark right, Defendant provided support for goods or donations to child welfare facilities without the same criminal history, and other conditions of sentencing as shown in the records, such as the Defendant’s age, character and character, and environment, the lower court’s punishment seems somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Each Article 93 of the Trademark Act applicable to facts constituting an offense. Article 93 of the same Act is applicable to each of the registered trademarks;

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

1. Selection of each alternative fine for punishment;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 97-2 (1) of the Trademark Act and Article 48 (1) 1 of the Criminal Act of the same Act;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;