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

1. On October 8, 2014, at around 13:44, the Defendant: (a) received the processed matter of dust from a person who was in fire at a “E” store located in Daegu-gu, Daegu-gu, by being supplied with one room with a trademark identical or similar to the trademark “(trademark registration number: No. 059417); and (b) carried it in possession to transfer or deliver it.

2. On October 22, 2014, the Defendant: (a) around 15:35 on October 22, 2014, held 402 points to transfer or deliver, as indicated in the attached list of crimes, including the Defendant’s act of being supplied with a bags with the same or similar trademark as “fa” (trademark registration number 0350206) from the person in fire; and (b) holding them in order to transfer or deliver them.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Seizure records;

1. A written appraisal;

1. household photographs;

1. Application of the statutes of the original trademark register;

1. Article 93 of the Trademark Act concerning facts constituting an offense;

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. The reason for sentencing under Article 97-2(1) of the Trademark Act (amended by Presidential Decree No. 2020, Feb. 1, 2013) is that in the event where the infringing goods are not distributed (amended by Presidential Decree No. 2010, Jan. 1, 2013) (amended by Presidential Decree No. 200, Jan. 1, 2011) subject to mitigation area (amended by Presidential Decree No. 2010, Jan. 2, 2011) (amended by Presidential Decree No. 2010, Jan. 2, 2011).