A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On November 16, 2016, the Defendant violated the Trademark Act regarding the act of storing counterfeit goods, and around 22:30, the Defendant possessed, for sale, the trademark right holder’s trademark registration (registration number No. 0340702) of the “PPELY GETS,” which is the trademark holder’s trademark registration (registration number No. 0340702), for the purpose of selling, at the EKaren Garen Cork that is parked in the D apartment underground parking lot in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul. In addition, the Defendant infringed the trademark right holder’s trademark rights by possessing the clothes of KRW 1,181 (314,946,00,000 in total at the market price on which the forged trademark is attached, such as clothes, etc. with the same pattern of forged trademark attached, as shown in attached Table 1.

To the extent that there is no substantial disadvantage to the defendant's exercise of the defendant's right of defense, the part that appears to be a clerical error in the facts charged is recognized by evidence duly adopted and investigated by this court

2. The Defendant violated the Trademark Act regarding the sale of counterfeit goods from November 8, 2015 to October 11, 2016, at the near the Hanyang High School located in Jungyang High School located in Jung-gu, Seoul, 299, the Defendant sold the total of 61 penalties for the clothes with the same pattern as the above “PEALLAL GETS” at KRW 2,118,000, and sold them to the Kakakakao Stockholm. As shown in attached Table 2, as in attached Table 2, including sales to the Kakao Stockholm, from around that time to around October 201, 2016, the Defendant infringed upon the trademark right by receiving the total of 450 penalties for clothing with the forged trademark from the above street point to the total of 119,598,000 won on which the forged trademark was attached (presumed market price of 119,598,000 won).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. A protocol of seizure and a list of seizure;

1. Investigation report (report on the result of crackdown on wholesalers of household goods located in the G), confirmation of crackdown, and picture at the control site;

1. Investigation report (report accompanied by the original register of trademark registration);

1. Investigation report (Presumption of the market price of the fixed goods);

1. A report on investigation (price of forged goods);

1. A report on investigation (Recovery of criminal proceeds);

1. The investigation report (the market price of refined goods sold); and