A defendant shall be punished by imprisonment for not more than ten 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 who, from December 29, 2013, sells oral remarks for women, who are referred to in front of the Dongdong-gu Seoul Central Police Agency(Seoul Central Police Agency), in front of the Dongdong-gu Seoul Central Police Agency(Seoul Central Police Agency).

피고인은 2014. 3. 6. 21:30경 서울 성북구 C에 있는 피고인의 주거지 앞 도로에서 속칭 ‘대포차’인 D 스타렉스 자동차에 판매를 위해 상표권자 ‘샤넬’의 등록상표인 ‘CHANEL'(상표등록번호 제060418호)과 동일한 모양의 위조 상표가 부착된 여성용 구두 103점(판매시가 4,120,000원)을 비롯하여 별지 범죄일람표 기재와 같이 7가지 브랜드의 위조 유명상표가 부착된 여성용 구두 총 254점(판매시가 합계 10,160,000원)을 보관하였다.

Accordingly, the defendant committed trademark infringement.

Summary of Evidence

1. Defendant's legal statement;

1. Suppression photographs;

1. Detailed inquiry table for the registration of trademark rights;

1. Application of each existing statute referred to in subparagraphs 1 through 7 of this paragraph;

1. Article 93 of the Trademark Act and the choice of punishment concerning facts constituting an offense

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

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

1. Reasons for sentencing under Article 97-2(1) of the Confiscation Trademark Act [Determination of the type] for the act of infringing on the right to registration of intellectual property rights [decision of infringement on the right to intellectual property] / [decision of the recommended field] basic area / [the scope of recommendation] / [decision of the punishment] / 10 months to 2 years [decision of the sentence] / 2 years [decision of the sentence] / 2 times as a same crime,

On the other hand, however, the sentencing conditions, such as the defendant's age, character and conduct, environment, circumstances, means and methods, etc., are determined by taking into account the following factors: (a) the defendant's age, character and behavior; (b) the benefit acquired by the crime of this case is not high; and (c) there is no criminal conviction exceeding