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.

Punishment of the crime

The defendant is a person who operates online store C in Ulsan-gu B and the third floor.

No one shall transfer or deliver goods identical with or similar to the designated goods bearing a trademark identical with or similar to the registered trademark of another person, or exhibit, possess, export or import such goods for such purpose.

1. At around 14:00 on May 16, 2019, the Defendant displayed and stored counterfeit goods, such as Ephones 5 attached with a forged trademark (trademark registration number: D) at the online store office operated by the Defendant, for the purpose of selling forged goods, such as the Ephones 5 attached with a forged trademark, for the purpose of selling them, as indicated in the attached list of crimes (Ⅰ).

2. Around November 6, 2018, the Defendant sold counterfeit goods bearing a false trademark in total of 27,556,000 won, as indicated in the attached crime list (Ⅱ), among the period from around May 14, 2019, on a total of 150 times, as indicated in the attached crime list (Ⅱ), the Defendant sold counterfeit goods bearing a forged overseas famous trademark in total equivalent to KRW 27,556,00,00, with the trademark affixed via the above online store (C) operated by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Protocols of seizure and the list of seized articles and photographs thereof;

1. One copy of a national report, a photograph of a sales site, a photograph of counterfeit products purchased through C, whether trademark rights are infringed, and replies to requests for appraisal, sales tax details, trademark register, calculation table 1 and 2 of infringement amount of trademark rights, data on calculation of the fixed market price, and application of Acts and subordinate statutes on specific date and time of sale;

1. Relevant Article 230 of the Trademark Act and the choice of punishment for facts constituting an offense, each of them shall be subject to imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Order of community service under Article 62-2 of the Criminal Act;