A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

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, from October 20, 2017 to October 1, 2011 of the same year, the Defendant, at the “D” clothes store operated by the Defendant on the first floor of Yongsan-gu Seoul Yongsan-gu, Yongsan-gu, Seoul, for sale to many unspecified visitors visiting the above clothing store, 3 points on which the trademark right holder’s trademark registration (trademark registration number No. 978819, 1207028) or similar trademark is attached, or 3 points on which the trademark registration number No. 97888.19, 120708), or 1 other similar marks were attached.

Accordingly, the Defendant infringed on the trademark right of “MONCE S.P.A”.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Photographs of seized articles;

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant legal provisions and Article 230 of the Trademark Act regarding criminal facts, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The grounds for sentencing under Article 236(1) of the Trademark Act include: (a) the fact that the Defendant, on the grounds of sentencing of Article 236(1) of the same Act, has served as one time to suspend the execution of the same crime since 2001, and seven times to be sentenced to a fine; (b) the confession, confession and reflects; and (c) the fact that the amount of damage in this case is relatively small; and