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A defendant shall be punished by imprisonment for not more than ten months.
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 advertised the Internet NAV Blob Blouse Blouse Blouses (D) and the Kakakao Scaruses (E) bags, such as a white-purpose bag, a part of a cover, a cover of a pent, a pent, and an accelerator, and sentenced the Defendant to sell forged trademark bags, etc. to the persons who reported and contacted the advertisement.
On September 11, 2015, the Defendant sold 195 points (total sales value 30,16,000 won) of counterfeit trademark products in total 194 times from around that time to July 15, 2016, to unspecified persons, which are identical or similar to “LOUIS VITN (registration number: 0059471)”, a trademark right holder’s registration trademark of “LOUIS VITON”, a trademark right holder’s trademark of “G” through the above Blogs and Kakao Scarto, and thereby infringed the trademark rights of the trademark holder.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with H;
1. Complaint;
1. As a result of the transfer process, a statement of appraisal of any counterfeit article infringing on property rights, a statement of appraisal of any forged article, a photograph of samples in each sheet of protegn in each transaction, a photographic material of sale of Kakakao, a copy of a trademark registration, a printed article from a suspected Internet block, a mail order distributor’s output, a details of deposit transaction, deposit details, a details of deposit transaction, a details of sales of counterfeit article, a photograph related to the sales of forged article, a result of appraisal of forged article, a trademark registration ledger, and a deposit account transaction details under statutes;
1. Article 93 of the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016; hereinafter the same shall apply) as to facts constituting an offense under the relevant provision of the Act ( comprehensively including registered trademarks, choice of imprisonment with prison labor)
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;
1. Article 10(1) and Article 8(1) of the Act on Regulation and Punishment, etc. of Concealment of Criminal Proceeds of Additional Collection “The Defendant.”