A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

No one shall use a trademark identical with or similar to another person's registered trademark on goods identical with or similar to the designated goods and deliver, sell, forge, imitate, or possess such trademark for the purpose of having it use.

On November 20, 2018, the Defendant: (a) around 20:48, at the store of “D” operated by the Defendant, the third floor of the Seoul Jung-gu B market, the Defendant: (b) possessed 17 points in total (20.5 million won at the estimated market price of fixed goods) in order to sell “D” 17 points (20.5 million won at the estimated price of fixed goods) including “L” 5 points indicating, without authorization, the trademark identical or similar to “F”, the registered trademark of “E”, “I” (trademark number J); (c) a forged indicating, without authorization, a trademark identical or similar to “L,” the registered trademark of “E” (trademark number J); and (d) a trademark holder’s trademark without authorization.

Accordingly, the defendant committed the infringement of trademark rights.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (fixrs of the Trademark Act, photographs, reports on appraisal, trademark register, etc.);

1. Article 230 of the Trademark Act concerning facts constituting an offense (the point of infringement on trademark rights related to storage of forged goods);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 236(1) of the Trademark Act is a crime that infringes on the right of a registered trademark right holder and seriously disturbs the order of trade in the product market, and the crime is not less than that of the crime, the forged goods sold or kept for the purpose of sale are small quantities, the defendant has the record of being punished by imprisonment with prison labor and a fine of one time for the same crime, and the recidivism should not be committed.