A defendant shall be punished by imprisonment for four months.

Seized evidence 1 or 2 shall be confiscated.

Punishment of the crime

On July 11, 2018, the Defendant, at the “C” sales store of the Defendant’s 3rd floor located in the Busan High-gu Busan High-gu B market, held, on July 11, 2018, the Defendant, “D” and “E”, having the same trademark as the “F” trademark designated and registered with the Korean Intellectual Property Office as clothes, etc., for the purpose of selling half-sale 2 punishment with the same trademark as the “E” trademark attached to the Korean Intellectual Property Office.

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

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. G statements;

1. Each original trademark register;

1. The Defendant and his defense counsel asserted that there was no criminal intent since they were unaware of whether they were registered in the case of “F” among the goods at issue in this case. However, in light of the fact that: (a) the Defendant was punished for selling so-called counterfeit goods, such as bags, scarp, visibility, oral clothes, etc. similar to the instant case five times; and (b) the said “F” products are also products that can be easily sought through the Internet or store; and (c) the Defendant’s Trts in possession of the Defendant printed clearly the letters and specifications, it is sufficient to recognize the Defendant’s criminal intent; (b) thus, they do not accept the Defendant’s and his defense counsel’s assertion.

1. Relevant Article 230 of the Trademark Act concerning facts constituting an offense and Article 230 of the Election of Imprisonment;

1. Reasons for sentencing of Article 236(1) of the Trademark Act [the scope of recommending punishment] Article 236(1) of the Act on the Confiscation [the scope of recommending punishment] Article 1 of the Act on the Infringement of Registration Rights (one year and six months to three years) [the person under special jurisdiction] three or more criminal records [the decision of sentence] of the same kind of criminal records (the defendant has five times the records of punishment for the same crime as this case. In particular, even if the defendant is under suspended sentence for the same crime, he again commits the crime of this case, and the defendant takes a total of five points and F.