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A defendant shall be punished by imprisonment for one year.
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
The Defendant is a person who sells a trademark misappropriation verbally, etc. in Seoul Central and Medium-gu C building 205.
1. Around March 9, 2013, the Defendant violated the Trademark Act due to the sale of counterfeit goods: (a) sold 1,450 million won, in total, over a total of 21,565,200 won (the fixed goods amounting to 1.1.2.46 million won) from around that time to December 20, 2013, a verbal 1,000,000, on which a forged trademark is attached to D, using the CJ Korea-Korea-Korea-Korea-Korea-Korea-Korea-Korea-Korea-Korea-Japan-Korea-Korea-Korea-Korea-Korea-Korea-Korea-Korea-Korea-Korea-Korea-Korea-Korea-Japan; and (b) from around
Accordingly, the defendant committed the infringement of trademark rights.
2. On December 23, 2013, the Defendant violated the Trademark Act due to the storage of counterfeit goods, at the above office around 18:30 on December 23, 2013, kept a total of 773 points (the fixed price shall be KRW 46,6040,00) as indicated in the attached Table 2, on an oral 84 square meters (the fixed price shall be KRW 50,400,00) on which a forged trademark in the same shape is attached to the Korean Intellectual Property Office as the trademark registered with the Korean Intellectual Property Office under Article 066456, and on an equal basis, stored at the above office for sale.
Accordingly, the defendant committed the infringement of trademark rights.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the examination of each police suspect with respect to E, F, G, or D;
1. Investigation report (as to the results of appraisal of seized articles) and investigation report ( as to the confirmation of the original trademark register);
1. Seizure records;
1. Application of Acts and subordinate statutes to written appraisal;
1. Article 93 of the relevant Act concerning facts constituting an offense and Article 93 of the elective Trademark Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Social service order under Article 62-2 of the Criminal Act;
1. The reasons for sentencing under Article 97-2(1) of the Trademark Act and Article 48(1) of the Criminal Act are as follows: (a) the defendant choose to be sentenced to imprisonment with labor on a significant scale; (b) the defendant has no same power and has no more severe penalty than fines; (c) the defendant is against his/her own business and is living as a company member only; and (d) all other circumstances are concerned.