A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who operates an Internet shopping mall under the trade name of “D” on the second floor of Gangseo-si C building.

No person shall possess goods identical with or similar to designated goods on which another person's registered trademark or any other trademark similar thereto is marked for the purpose of transfer or delivery.

Nevertheless, at around 15:20 on May 8, 2018, the Defendant, who registered with the Korean Intellectual Property Office at the above location, tried to sell 2,423 points in the attached list of crimes, such as the registration trademark (registration number No. 0160728) of the trademark right “Adigo No. 1360,” which is similar to the trademark (registration number No. 016078) of the trademark right holder registered with the Korean Intellectual Property Office (hereinafter “Korea Intellectual Property Office”).

Accordingly, the defendant infringed trademark rights of trademark right holders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. Protocols of seizure, list of seizure, site and photograph of seized articles;

1. The original register of each trademark;

1. Application of the Acts and subordinate statutes to NAV-sale Round photographs;

1. Each Article 230 of the Trademark Act concerning facts constituting an offense (or choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (excluding one case of minor suspended sentence, in consideration of the fact that there is no particular criminal history except for one case of minor suspended sentence, and that the period of business is not long);

1. Article 236(1) of the Trademark Act that is confiscated;