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A defendant shall be punished by imprisonment for not less than eight 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
On September 8, 2016, the Defendant was sentenced to imprisonment with prison labor for habitual gambling in the Seoul Central District Court for six months, and the said judgment became final and conclusive on the 20th of the same month.
1. No person in violation of the Trademark Act shall use a trademark identical or similar to another person's registered trademark on goods identical or similar to the designated goods, and deliver, sell, forge, or possess for the purpose of using or making another person use such trademark;
From April 2012 to May 2016, the Defendant manufactured KRW 1,687,725 (total amount of KRW 19,518,326,70,00) of the attached Table 1 (Article 1) as shown in the list of crimes, such as the Liquor Tax, J, etc. bearing the trademark “G” (registration number: H, product category: product category: e.g.) registered with the Korean Intellectual Property Office by the victim FFF et al. without legitimate authority, and kept KRW 1,675,261 (total amount of KRW 19,518,326,70) as shown in the list of crimes in attached Table 2 (Sale), and kept KRW 1,675,261 (total amount of KRW 19,350,328,200) as indicated in the list of crimes in attached Table 2 (Sale), and kept the trademark rights in attached Table 97, 9750 and 9757(65).7).7).7
2. No person who violates the Unfair Competition Prevention and Trade Secret Protection Act shall use any one identical or similar to another person's name, trade name, trademark, container or package of goods, or any other one indicated as another person's business, which is widely known in the Republic of Korea, or sell, distribute, import, or export goods using such one to cause confusion with another person's goods;
Nevertheless, at the time and place mentioned in paragraph 1, the Defendant sold a trademark similar to the trademark of "G", etc. widely known in the Republic of Korea, such as the list of attached crimes No. 2 (Sale), thereby causing confusion with the goods of F Co., Ltd.
b)a summary of the evidence;