A defendant shall be punished by imprisonment with prison labor for ten months and by a fine of four million won.

When the defendant does not pay the above fine.

Punishment of the crime

1. No person who violates the Trademark Act shall use a trademark identical with the registered trademark of another person for goods similar to the designated goods, or use it on goods identical with or similar to the designated goods;

Nevertheless, around June 3, 2013, the Defendant imported four handbags (one hundred and twenty-six thousand won in total at the market price) with a trademark similar to that of call CDs (COLMBO, No. 096787) registered with the Korean Intellectual Property Office in Handbags, etc. with the designated goods designated by the Korean Intellectual Property Office, the Defendant imported the above trademark right of the trademark right holder from "C," which is a regional supplier of Italy, "C," which is a trademark holder of the Republic of Korea. Nevertheless, the Defendant reported the name, size, quantity, and other matters prescribed by Presidential Decree to the head of the customs office of the Republic of Korea. Nevertheless, the Defendant reported the import declaration number of the relevant goods to "I" and the name, size, and quantity of the relevant goods to be exported, imported, or returned from "I" on May 20, 2013.

Summary of Evidence

1. Each legal statement of witness E and F;

1. A written accusation, a report on the detection of infringement of trademark rights of malicious products, a written appraisal (No. 4, 5, 32) and an import declaration (No. 7), a trademark register, and a seizure report;

1. Application of Acts and subordinate statutes of the import declaration (No. 15) and the investigation report (No. 23);

1. Article 93 of the relevant Article of the Trademark Act concerning facts constituting an offense (the point of infringement on trademark rights, universality of imprisonment), Articles 276 (2) 4 and 241 (1) of the Customs Act (the point of false declaration);

1. Since the punishment of concurrent crimes under the former part of Article 37 and Article 38(1)3 of the Criminal Act is only a statutory fine for a violation of the Customs Act, it shall be sentenced to the punishment of imprisonment for a violation of the Trademark Act and a violation of the Customs Act.