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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No one shall use a trademark identical with or similar to another person's registered trademark on goods identical with or similar to the designated goods, and deliver, sell, forge, imitate, or possess such trademark for the purpose of having it use.
On June 19, 2012, the Defendant: (a) on July 25, 2006, the Defendant kept a forged “LOUSUS VUITNN” (LO) 10 points, 20 points, 10 points, 10 points, 1062872 of the trademark registration number registered as designated goods on May 14, 2012 with the Korean Intellectual Property Office, and 35 points, including the forged “GG” 2 points and 37 points on which the trademark registration number registered as the designated goods on July 14, 2012 by the Defendant in Jung-gu Seoul Special Metropolitan City or any similar trademark, without the authority, (b) the trademark registration number registered as the designated goods on July 25, 2006 by the Korean Intellectual Property Office, in order to sell presumed goods at KRW 393,330,00).
Summary of Evidence
1. Defendant's legal statement;
1. Each investigation report (report on the results of control, the scene of control, and the report accompanied by photographs of seized articles);
1. Each original trademark register;
1. Investigation reports (report on confirmation of the price of fixed goods), and reexamination conducted by the Intellectual Property Association;
1. Application of seizure records and list statutes;
1. Article 93 of the Trademark Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Probation and community service order under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation,
1. The reason for sentencing under Article 97-2(1) of the Trademark Act is that the Defendant had been punished for the same kind of act in the period from 1989 to 8 times, and in particular, even though he was punished on April 2012, he did another crime in the same place, and the Defendant was not a funeral.