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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 of the final judgment.
Reasons
Punishment of the crime
1. No person who violates the Trademark Act shall use or possess for the purpose of having another person use a trademark identical or similar to the registered trademark of another person on goods identical or similar to the designated goods, or possess goods identical or similar to the designated goods bearing the registered trademark of another person for transfer or delivery;
Nevertheless, from June 2013 to May 21, 2014, the Defendant operated the office and employee meeting and employee meeting in the Seoul Eastern market, and sold 4,400 labels with a trademark identical to BALY’s registered trademark “BALY” (No. 491694), a trademark holder’s trademark right holder’s “BALY” (No. 491694), and sold 4,400 in total, 22,000 won per month, and around May 21, 2014, the Defendant kept 100 to 20:50,000 won in total, as the trademark owner’s trademark “BALY” (No. 491694), 200 to 205, 2005, 100 to 205, 2005, 100 to 205, 2005, 2005, 2005, 2005, 2005, etc.
Accordingly, the defendant committed the infringement of trademark rights.
2. From June 14, 2013 to May 21, 2014, the Defendant violated the Act on the Regulation and Punishment of Criminal Proceeds Concealment: (a) while having set up the Dongdaemun-gu Market in the same way as the above paragraph (1), sold the collective management officer and the goods with a position-based company by telephone, and (b) had sold the goods with a position-based position, and (c) had the sales proceeds deposited KRW 15,316,00 as the Defendant’s mother’s E bank account and pretended to acquire criminal proceeds, etc.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Report on records of seizure and the list of seizure, written confirmation of crackdown, each investigation report, and details of calculation of additional charges; and