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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On March 24, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Resident Registration Act, etc. by the Daegu District Court, and the said judgment was finalized on September 3, 2016. On July 22, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for a crime of fraud, etc., and the Defendant appealed and continues the appeal trial.
1. The Defendant in violation of the Trademark Act was a person who imports new products and engages in wholesale and retail business under the trade name of Q Q (website) from March 2016 to April 1, 201. However, although the written indictment was written as “ around March 2016,” the identity of the facts charged is recognized, and the Defendant’s ex officio recognition is made to the extent that it does not interfere with the Defendant’s exercise of his/her right to defense.
(No. 3-3 of the Evidence Record No. 108). The owner of the trademark right "Adidigo Adigo Bagegegeba" sold to the Korean Intellectual Property Office of the Republic of Korea a fake 197 mark attached with a trademark identical or similar to Adidas's trademark registration under Article 0123811, and the trademark right of the said owner was infringed upon by the said owner's trademark right by selling a fake 197 mark attached with the trademark identical or similar to Adidas's trademark registration under Article 012381, and the trademark right of the said owner's trademark right.
2. The defrauded: (a) while engaging in a new import and wholesale retail business with the trade name “ Q” at the place described in the foregoing paragraph (1); (b) from November 2015, the fact was in the state of suspension of new import from Hong Kong; (c) did not possess the goods ordered by the victims; and (d) did not have the intent or ability to supply the goods ordered by the victims normally, the defrauded entered into a contract with the victims for the supply of new overseas famous trademark; and (b) did not receive the price from the victims.
On February 4, 2016, the Defendant is age when he deposits a new purchase price to the victim T at the above place and the victim T.