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A defendant shall be punished by imprisonment for not more than ten 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.
Reasons
Punishment of the crime
around January 1, 2016, the Defendant sold 2,302 bits, which are the designated goods attached with another person’s registered trademark, from around August 28, 2017, to the Internet shopping mall, from around January 1, 2016, the Defendant: (a) sold 1 sets of children’s clothes (sales price of KRW 19,00, KRW 30,500, KRW 300) attached with the same or similar trademark registered with the Korean Intellectual Property Office (registration No. 123507); and (b) sold 2,302 bits, which are the designated goods attached with another person’s registered trademark at the same place on August 30, 2017; and (c) sold 9 set of children’s clothes (sales price of KRW 16,50, KRW 500, KRW 400, KRW 507, KRW 750, KRW 2750) with the trademark right registered at the same place.
From July 1, 2013, the Defendant opened the Internet shopping mall in the name of “D” and operated the Internet shopping mall.
1. On January 1, 2016, the Defendant violated the Copyright Act: (a) sold one set of children’s clothes (sale amounting to KRW 19,000, KRW 30,500, KRW 300) manufactured by using “Korea Educational Broadcasting Broadcasting System, a copyright holder,” one time at the registration of copyright (registration No. C-2015-01279) on January 26, 2015; and (b) distributed from that time to August 28, 2017, a work created by the Korea Educational Broadcasting System, including selling two thousand,192 sets of 2,302 sets, as indicated in the list of crimes in the attached Table of Crimes, from that time.
Accordingly, the defendant infringed the property right of the Educational Broadcasting System for profit-making purposes.
2. He/she shall not cause confusion with another person's goods by using another person's name, trade name, or goods identical or similar to a container or package, or any other mark indicating another person's goods, which is widely known in Korea in violation of the Unfair Competition Prevention and Trade Secret Protection Act, or by selling, distributing, importing, or exporting goods using such a mark
Nevertheless, the defendant 1 stated above 1.