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.

Criminal facts

The defendant operates the clothing sales store under the trade name Seongdong-gu Seoul, Seongdong-gu, Seoul, and sells forged famous trademark attachment goods through the Internet site NABC.

From October 27, 201 to April 5, 2012, the Defendant sold 306 points (total sales value of 26,890,000 won) of the product with a forged trademark attached, as described in the attached crime list, to customers visiting the above website by posting a forged trademark on the above C’s website and visiting the above website to sell the product. From April 27, 2012, the Defendant sold 306 points (total sales value of 26,890,000 won) of the product with the forged trademark attached, as described in the attached list, to the customer who ordered the product at the above C’s site, including 80,000 won of the registered trademark “BALIN”, which is the trademark right holder’s “profed” (Article 478217). The Defendant stored 80,700,700,000 won of the trademark right holder’s total forged trademark attached to the above C’s “profed product” as the trademark owner’s.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of seizure of each police;

1. The details of output of each screen, the current status of subscribers to Internet shopping malls and sales details, details of financial transactions, details of sales of curriculum books, details of deposits in each account, and sales details;

1. Application of Acts and subordinate statutes to the results of appraisal of seized goods;

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. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act regarding community service order;

1. Article 97-2 (1) of the Trademark Act and Article 48 (1) 1 of the Criminal Act of the same Act;

1. Articles 10(1) and 8 of the Act on Regulation and Punishment of Criminal Proceeds Concealment.