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

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

The Defendant, a website, is a person who produces and sells a mobile phone case in the name of “NAVber Samp” and “B” from “B”.

1. On December 16, 2016, the Defendant: (a) sold a fake cell phone case with a mark identical or similar to the trademark registered with the Korean Intellectual Property Office, to D using the above Internet site at the office “B,” located in Won-si; (b) around December 16, 2016, the Defendant infringed the trademark rights of the said trademark owner by manufacturing and selling 2,281 points (a total amount of KRW 371,249,400) over 2,281 times, as indicated in the attached list of crimes, from around that time to May 3, 2018.

2. On May 11, 2018, the Defendant infringed the trademark rights of the above trademarks by keeping them in custody in order to sell a fake cell phone case with a mark identical or similar to the trademark registered with the Korean Intellectual Property Office at the time of the Oshion, as shown in Appendix II, at the same time as the trademark owner of the above trademark at the above location, in order to sell a fake cell phone case with a mark identical or similar to the trademark registered with the Korean Intellectual Property Office.

Summary of Evidence

1. Statement by the defendant in court;

1. Data on commencement report of internal investigation, national examination report, written request for crackdown, B search data, written confirmation of investigation, written voluntarily submitted, sales details, ledger of registration of each good, list of offenses, list of calculating the value of each good, calculation of the value of each good, and sales details;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to each investigation report (for a time, 31, 34, 39)

1. Relevant Article 230 of the Trademark Act and the choice of a sentence concerning facts constituting an offense, and the choice of imprisonment, respectively;

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. It is not easy to impose criminal liability on the production and sale of a large number of products by infringing the trademark rights of various trademark rights holders for the reason of sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution.