A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

(2014dan3096) around February 16, 2014, the Defendant kept 100 fake goods, such as 100 (30 million won at the market price of the well-known-gu Seoul, Jung-gu, Seoul) located near the old store, which had been registered as the designated goods by the company company located in the luxurg belt as the owner of the trademark, as the designated goods. The Defendant infringed the trademark right of the trademark right holder by keeping 5, 10, 10, 10, 17, 17, 17, 17, 17, 17, 17, 17, 17, 17, 9, 5, 5, and 2, 100, 100, 300,000 won.

around 14:40 on April 13, 2014, the Defendant infringed on the trademark rights of the trademark holder by keeping 53 fake goods ( approximately 1,9270,000 won in the market price of fixed goods) on which the trademark identical to the trademark (registration number: No. 0080174) is arbitrarily attached, as described in the attached list of crimes, at the front street store located in D in Jung-gu Seoul, Jung-gu, Seoul, for the purpose of selling 53 fake goods ( approximately 1,927,00 won in the market price of fixed goods) on which the trademark holder had registered as the designated goods.

Summary of Evidence

[2014 Highest 3096]

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. An appraisal opinion and a statement of price of the authentic commodity;

1. Copies of the trademark register, photographs of seized articles (2014 highest 5042);

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. A written opinion on the product requested for appraisal and opinions on the product requested for appraisal;

1. Application of Acts and subordinate statutes to each original trademark register, duplicate copy and seized articles;

1. Each relevant Article of the Trademark Act concerning criminal facts;

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

1. Article 62 (1) of the Criminal Act (The following grounds for sentencing shall be taken into consideration):

1. Article 62-2 (1) of the Criminal Act on Probation;

1. Article 97-2(1) of the Trademark Act that is confiscated.