The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (a fine of three million won, confiscation) is too unreasonable.

2. The crime of this case is an unfavorable circumstance to the defendant, such as the fact that the crime of this case is bad in terms of infringing the rights of registered trademark rights holders and disturbing market transaction order, and that the defendant again commits the crime of this case even though he was fined three times due to the violation of the Trademark Act.

However, the fact that the defendant recognized the crime, and is against the nature of the defendant, and the defendant does not commit such crime again, the fact that the number of counterfeit goods kept by the defendant is not large, and all of them have been seized, the defendant is a recipient of basic living benefits, and is not good in health and economic conditions, and the fact that the defendant is deemed to have committed the crime of this case for livelihood is considered in favor of the defendant, etc.

Considering the above-mentioned normal relationship, the age, character and conduct, environment, etc. of the defendant and all the circumstances shown in the arguments, the sentence imposed by the court below is somewhat inappropriate.

Defendant’s assertion is with merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following decision is rendered again.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Articles 40 and 50 of the Criminal Act concerning ordinary concurrence;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;