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

The Defendant is a person who sells clothes with the trade name “C” in Seoul Jung-gu B shopping district 243.

No person shall infringe on a trademark right or exclusive use right by an act of possessing for the purpose of transferring or delivering goods identical with or similar to designated goods on which another person's registered trademark or any other trademark similar thereto is marked.

Nevertheless, on March 8, 2016, the Defendant infringed on the trademark right of the victim by carrying six goods identical or similar to the trademark registered with the Korean Intellectual Property Office (International Registration Number No. 1197643) of the victim’s “MONCL S.P.A.” at the above store for the purpose of selling the clothes affixed without permission.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A copy of the original register of trademark registration, and a statement of appraisal;

1. Application of Acts and subordinate statutes to the scene photographs of crackdowns and photographs of seized objects;

1. Relevant legal provisions and Article 93 of the Trademark Act regarding criminal facts, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 97-2 (1) of the Trademark Act that the defendant had been punished for a violation of the Trademark Act on three occasions in the past, but the fact that the defendant again committed the crime of this case shall be considered disadvantageously, and the defendant does not deal with the forged goods again while resisting his mistake.

that there is a large amount of forged goods handled by the defendant;

The fact that it is difficult to see, the fact that the defendant maintains his livelihood in the market while operating a small-scale clothing shop is considered as favorable circumstances, and the defendant's age, sex, environment, health condition, family relationship, motive, means and consequence of the crime, etc. shall be comprehensively taken into account, and the punishment shall be determined as ordered in accordance with the records and arguments of this case, such as the circumstances after the crime, etc.