A defendant shall be punished by imprisonment for one year.

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

No person shall possess goods identical with or similar to the designated goods on which the registered trademark or any similar trademark is used for the purpose of transferring or delivering them.

Nevertheless, from November 2013 to January 20, 2015, the Defendant operated online shopping mall C at the Defendant’s home located in Bupyeong-gu, Nowon-gu, Seoul. From December 3, 2014 to January 20, 2015, the Defendant sold goods identical with or similar to the designated goods marked by another person’s registered trademark, as indicated in the attached list of crimes (1) as follows: (a) from December 3, 2014 to January 20, 2015 when operating online shopping mall D at the above Defendant’s home; and (b) from January 3, 2014 to January 20, 2015, the amount of lab with lab, etc. registered as the designated goods of the Republic of Korea Intellectual Property Office under Article 0478217.17.

On January 20, 2015, the Defendant continued to possess, at the above Defendant’s house, a product identical with or similar to the designated product on which another person’s registered trademark is indicated, as indicated in the attached list of crimes (2) in order to transfer the same or similar product as the designated product, where a trademark similar to the “BLMAIN” trademark is attached to the Korean Intellectual Property Office as the designated product, which had a Cheongbba, etc. registered with the Korean Intellectual Property Office as the designated product under Article 0478217.

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

Summary of Evidence

1. Defendant's legal statement;

1. A copy of a national examination and civil petition;

1. Records and lists of police seizure;

1. Each report on investigation;

1. Each appraisal report;

1. The original trademark register;

1. Sales details (D, C);

1. An isolation list of things;

1. Application of Acts and subordinate statutes to a criminal investigation report (specific amount acquired by the defendant);

1. Relevant Article 93 of the Trademark Act and the choice of punishment concerning facts constituting an offense, each of them shall be punished by imprisonment and imprisonment;

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

1. The fact that a suspended sentence is led to a crime under Article 62(1) of the Criminal Act and is against the law, and is expected to deprive of economic benefits through the collected amount;