A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The Defendant is a person who operates a store and a wall sales store in Jung-gu Seoul Metropolitan Government with the trade name "E" at the store No. 264.

피고인은 2014. 5. 3.경 위 가게에서 상표권자인 샤넬사가 가방 등을 지정상품으로 하여 상표 등록한 ‘샤넬’ 상표(등록번호: F)가 임의로 부착된 가방 13개를 비롯하여 별지 범죄일람표 기재와 같이 총 61개의 가짜 상품(정품 시가: 206,530,000원)을 판매 목적으로 전시, 보관하였다.

Accordingly, the defendant infringed trademark rights of trademark right holders.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. The original trademark register;

1. Application of Acts and subordinate statutes on control field photographs;

1. Article 93 of the Trademark Act governing the facts constituting an offense and Article 93 of the Election of Imprisonment;

1. 경합범가중 형법 제37조 전단, 제38조 제1항 제2호, 제50조(범정이 가장 무거운 샤넬사에 대한 상표법위반죄에 정한 형에 경합범 가중)

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 97-2(1) of the Trademark Act [Determination of Punishment] : Where serious damage to the right holder is inflicted on the owner of intellectual property rights, the first type of prior conviction [decision of the recommended area] [decision of the recommended area] of the same kind of prior conviction [the scope of punishment] of imprisonment from one year and six months to four years and six months [the general person] of imprisonment from one year and six months [the general person who is sentenced] of imprisonment from one year and six months: The crime of living, the serious anti-competence factor (decision of sentence less than 10 years after the completion of execution] of the same criminal conviction (decision of sentence] of the defendant's previous conviction (decision of sentence of less than 10 years after the completion of execution] of the same criminal records and the criminal records

However, the fact that the defendant's mistake is divided in depth and again does not repeat again, and that the punishment and the suspended sentence have not been imposed for more than seven years, and thereafter there is no less punishment than the fine, and the crime of this case is not good.