The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant D shall be punished by imprisonment with prison labor of one year.

seizure.

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (the two years of imprisonment with prison labor for Defendant A, and one year and six months of imprisonment with prison labor for Defendant D) is too unreasonable.

2. The circumstances of the lower court’s judgment on the grounds of sentencing and the crime of violating the Trademark Act are deemed to be unfair since the sentence imposed by the Defendants is too excessive, in light of the following: (a) it infringes upon the legitimate trademark right holder’s right by manufacturing fake cosmetics in a planned and systematic manner; (b) it disturbs the market economy order and damages the trust of consumers; and (c) Defendant A distributed some products; and even considering that there was no agreement with the victims of fraud, Defendant A reached an agreement with the victimized company of the crime of violating the Trademark Act; (d) Defendant A did not have reached an agreement with the victimized company of the crime of violating the Trademark Act; (b) even though it appears that Defendant A was aware of the violation of the Trademark Act from the beginning, Defendant A did not focus on the degree of participation in the crime of violating the Trademark Act; and (c) the Defendants did not have any criminal record from the violation of the Trademark

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The Defendants of the pertinent legal provisions and the choice of punishment on criminal facts: The Defendants of the instant criminal facts: (a) are punished by imprisonment under Article 93 of the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016; hereinafter “former Trademark Act”); (b) Article 30 of the Criminal Act (the infringement of trademark rights); Articles 36(1)1 and 36(1) former part of the Cosmetics Act; and Article 30 of the Criminal Act (the manufacture of unregistered cosmetics); and (c) Article 347(1) of the Criminal Act (the fraud).