The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal that the court below sentenced the defendant to the punishment (three million won of fine) is too unreasonable.

2. In the first instance of the judgment, the facts that all of the instant crimes were recognized by the Defendant, that the Defendant had no criminal record for the same kind of crime, and that there are some grounds for considering the Defendant’s somewhat different circumstances after the occurrence of the instant crime, etc. are favorable to the Defendant.

In full view of these circumstances and the conditions of sentencing as shown in the records and arguments, the sentence imposed by the court below is somewhat inappropriate.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment of the court below in addition to adding “1. Defendant’s trial testimony” to the summary of the evidence of the court below. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Articles 352 and 347(1) of the Criminal Act (the attempted crime by fraud) and Article 93 of the Trademark Act (the point of infringement on trademark rights) and the choice of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the maximum amount of the crimes of the above two crimes is aggregated);

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Article 97-2 (1) of the Trademark Act that is confiscated;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;