A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

The defendant is a person engaged in transporting forged goods imported from abroad to buyers, such as retail merchants, while keeping them in a C warehouse located in B when they are commercialized.

On June 17, 2019, the Defendant kept 4,370 counterfeit goods, such as G, and H, in order to deliver them to the buyers, including the Republic of Korea, a total of 4,370 counterfeit goods, as indicated in the attached list of crimes, where a trademark identical to the trademark “E” (registration number F, etc.) is attached, registered with the Korean Intellectual Property Office as designated goods, such as precious metal bags, document bags, handbags, etc.

Accordingly, the Defendant infringed another person’s trademark right by possessing goods identical or similar to the designated goods on which another person’s registered trademark or a trademark similar thereto is marked.

Summary of Evidence

1. Each police suspect interrogation protocol of the defendant concerning H, G, and I;

1. Each protocol of seizure and the list of seizure (number 10, 11, 19, 20, 26, 27, 32, 33);

1. Each appraisal opinion (number 39,41, 43, 45);

1. Original trademark registration register;

1. Data for the issuance of bonds at each site (number 3, 4, 5);

1. Application of Acts and subordinate statutes to each report on internal investigation ( compliance with intelligence reports and specific circumstances about persons subject thereto, and the records of entry and departure of persons subject thereto);

1. Article 230 of the Trademark Act concerning facts constituting an offense and Article 230 of the relevant Act concerning the selection of punishment;

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

1. The Defendant’s crime of sentencing under Article 62(1) of the Act on the Suspension of Execution is the case where the Defendant infringes on the business reputation of the trademark user and the expectation of the consumers trust the trademark, and the amount of the goods infringed on the trademark right kept by the Defendant.

However, since all of the crimes of this case are recognized by the defendant, cooperation with the investigation, there is no record of criminal punishment in Korea, and consumers have serious progress due to the very poor state of trademark infringement products kept by the defendant.