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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant: (a) was a sales store that distributes fake name bags in Ulsan area on a large scale; (b) was registered as Addd' and Ad' and d'E in the Pluri Smartphone Scartop; (c) posted a forged trademark-related photograph; and (d) sent the photograph to the telephoneer, and opened a store with no trade name of No. 132 of the F building in Ulsan-gu, Ulsan-gu, and then raised profits by directly selling goods to the persons who found it.
From March 12, 2015 to July 23, 2015, the Defendant sold a total of KRW 138,475,000 (a total of KRW 2,475,830,00,00,000) where a trademark was forged, attached to a trademark “lulux” registered with the Korean Intellectual Property Office, to a person who received an order through or found in the store of the said F building 132, the Defendant sold a total of KRW 1,355 with a total of KRW 1,38,475,00 (a total of KRW 2,416,830,00,00,000,000, where the trademark was forged, as indicated in the attached crime list, (a total of KRW 2,416,830,00).
In addition, on July 23, 2015, the Defendant kept a total of 66,115,000 won for the sale of the forged trademark, as shown in the attached list of crimes, including 108 points, 52 points, Belgium 34 points, 80 points, 10 points, and 5 points, which are attached to the above French trademark "Gluxan" in a confidential warehouse located on the 10th floor of the above F building 132 and the same building.
Accordingly, the defendant infringed the trademark rights of the trademark right holder.
Summary of Evidence
1. Defendant's legal statement;
1. Records of seizure by prosecution;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Relevant Article 93 of the Trademark Act and the Selection of Imprisonment with prison labor for criminal facts;
1. The former part of Article 37 of the Criminal Code among concurrent crimes.