A defendant shall be punished by imprisonment for six months.

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

The defendant is a person who operates a street shop in Busan Jung-gu C.

At around 15:00 on June 26, 2014, the Defendant infringed upon each of the above trademark rights holders by having registered the trademark identical or similar to the Japanese trademark “DESENE, 40062300000,” “HZYS, 4087800000,” which had been registered as the designated goods by the Republic of Korea as Twitts, etc. with the Korean Intellectual Property Office as the designated goods, and thereby infringing upon each of the above trademark rights holders’ trademark rights by selling the Twitts, etc. (e.g., 5,130,00 won).

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure, the list of seizure, and field photographs;

1. Application of the trademark register, or the statutes on calculation of trademark infringement amount;

1. Article 93 of the Trademark Act as to facts constituting an offense (limited to each registered trademark);

1. Articles 40 and 50 (Mutual Violation of the Trademark Act) of the Commercial Competition Act;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the same Act, although the nature of the crime is not weak in light of the scale of the crime, motive of the crime, the confession of the crime, the violation in consideration of the health of the accused, etc.);

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