The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal that the court below rendered on the defendant (a fine of two million won, confiscation) is too unreasonable.

2. Ex officio determination

(a) In the trial of the amendment of the indictment, the prosecutor supplied and sold the horses, labels, etc. bearing the same or similar trademark, and sold “in the trial of the amendment of the indictment, the prosecutor supplied and sold them with both horses, labels, etc. with which “the quantity of identical or similar trademark attached cannot be known” and applied for amendments to the indictment (“the amendment of the indictment”).

The judgment of the court below is no longer maintained as the subject of the judgment was changed by this court's permission.

B. The lower court deemed that each of the instant crimes committed by the Defendant constitutes a separate trademark violation by each trademark whose violation of the Trademark Act was infringed on due to the act of keeping the trademark for the purpose of sale among each of the instant crimes, and dealt with it as substantive

However, where several trademark rights are infringed by a single storage act, several violations of the Trademark Act are established by the infringed registered trademark, but it is reasonable to see that each crime is in the relationship of commercial concurrent crimes.

Therefore, the judgment of the court below is erroneous in the misunderstanding of legal principles as to the number of crimes, which affected the conclusion of the judgment.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

Criminal facts

The summary of the facts and evidence acknowledged by this court is as follows: (a) the criminal facts of the judgment of the court below are supplied and sold after being supplied with both horses, labels, etc. with the same and similar trademark attached, and “B” is supplied and sold after being supplied with two horses, labels, etc. with which the quantity of identical and similar trademark attached is unknown; and (b) it is identical to the description in each corresponding column of the judgment of the court below except for height.