A defendant shall be punished by imprisonment for six 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

[2013 Highest 2781] At around 12:30 March 2, 2013, the Defendant kept a total of 97 marks in order to sell forged goods, such as the list of crimes list, at the “C” clothes retail store operated by the Defendant at 1st floor8 of Daegu Jung-gu, Daegu-gu, with trademark registration (No. 0497230) as the designated goods of the Korean Intellectual Property Office (No. 049720).

Accordingly, the Defendant violated the trademark right by possessing a trademark identical or similar to the registered trademark of another person for the purpose of using it on goods identical or similar to the designated goods.

[2013 Highest 3774] On March 13, 2013, the Defendant kept the forged goods of 110 points in total, as indicated in the list of crimes, at E’s clothes stores located in Daegu Jung-gu, Daegu-gu, in order to sell counterfeit goods with the trademark registration (No. 0497230 of the trademark registration number), which is identical or similar to the trademark of “BURBRY” as the designated goods of the Korean Intellectual Property Office (No. 0497230 of the trademark registration number).

Accordingly, the Defendant possessed goods identical with or similar to the designated goods on which another person’s registered trademark or a trademark similar thereto is used to transfer or deliver them.

Summary of Evidence

[2013 Height2781]

1. Defendant's legal statement;

1. A statement prepared by the F;

1. Seizure record and list;

1. A copy of the trademark register;

1. Counterfeited gift photographs [2013 Highest 3774];

1. Defendant's legal statement;

1. Seizure record and list;

1. The original trademark register;

1. Application of field photographs, seized articles and Acts and subordinate statutes;

1. Relevant Article 93 of the Trademark Act concerning facts constituting an offense and each of the choice of punishment;

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. Confiscation Article 97-2 of the Trademark Act