A defendant shall be punished by imprisonment for one year.

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

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

1. On August 30, 2017, the Defendant: (a) operated an online personal shopping mall (E) with the trade name “D” in Seongbuk-gu Seoul Metropolitan Government B apartment and C on August 30, 2017; (b) sold to a person who made a request for the purchase of the goods the victim registered with the Korean Intellectual Property Office as the trademark holder G; (c) sold the clothing attached with a trademark identical or similar to the pattern “H” registered with the Korean Intellectual Property Office as the trademark number G; and (d) sold the clothing attached with the trademark identical or similar to the trademark registered by the victims who are the trademark right holders of the Republic of Korea in total of KRW 459,907,000 through 5713 times in total, as shown in the attached list of crimes (1) from November 9, 2015 to June 7, 2018.

Accordingly, the defendant infringed trademark rights of trademark right holders.

2. Around June 7, 2018, the Defendant kept a total of 61 points (unit price of 31,250,50 won) of clothes (unit price of 31,250,50 won) on which a trademark registered with the Korean Intellectual Property Office of Korea is attached, as indicated in the attached list of crimes, as well as the clothes attached with a trademark identical or similar to the pattern, registered with the Korean Intellectual Property Office of Korea as “victim registered with the Korean Intellectual Property Office of Korea as trademark number G”, at the location described in paragraph (1).

Accordingly, the defendant infringed trademark rights of trademark right holders.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Details of screens and deposits in sales on screens after a national newspaper or a closure and a closure on the website;

1. Responses to written expert opinions;

1. Seizure records;

1. A report on investigation (voluntary submission, etc. of forged goods) and a photograph of seized goods;

1. Investigation report (voluntary submission of details of sales of forged goods), details of sales and transactions of forged goods;

1. The report of investigation is fixed;