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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No one shall sell a trademark identical with or similar to another person's registered trademark for the purpose of using it for goods identical with or similar to the designated goods, or possess it for sale.
Nevertheless, the Defendant infringed upon the trademark rights or exclusive license of the owner of the trademark right by displaying, displaying, keeping, and possessing for sale to many unspecified customers, any virtual half-out 12 and half-out 3 of household goods bearing a trademark identical or similar to the trademark registered as F with the Korean Intellectual Property Office, in front of the restaurant of "C" in Busan Central City, Jung-gu, Busan, without the consent of the owner of the trademark right.
Summary of Evidence
1. Defendant's legal statement;
1. Reports on internal investigation, on-site photographs, seized objects and photographs;
1. Application of Acts and subordinate statutes to voluntarily submit seizure records;
1. Relevant Article 230 of the Trademark Act concerning facts constituting an offense and Article 230 of the Election of Imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The sentencing of Article 236(1) of the Trademark Act is punishable by imprisonment with prison labor, taking into account the same kind of power of the defendant for the reason of sentencing, and the fact that the defendant is against the defendant, the benefit of the defendant and the actual damage of the trademark right holder due to the crime of this case, the fact that there is no record of punishment exceeding the fine, the defendant's age, character and behavior, environment, motive and circumstance of the crime, etc., as a whole, shall be determined as per the disposition