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A defendant shall be punished by imprisonment for not more than ten months.
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.
Reasons
Punishment of the crime
The Defendant is a person who has been engaged in the repair business of a mobile phone in the office of a cellphone repair business operated by the Defendant located in Daegu Southern-gu B or the second floor.
No person shall use a trademark identical with another person's registered trademark on goods similar to the designated goods or use a trademark similar to another person's registered trademark on goods identical with or similar to the designated goods.
Nevertheless, on October 10, 2015, the Defendant, along with D and E, manufactured the counterfeit goods of the smartphone at the office of the repair company of the “C” mobile phone (hereinafter “C”), equipped with the working stand and the equipment capable of manufacturing the forged smartphone, purchased the Samsung Electronicphone and dismantled it, and replaced it with the new smartphone for manufacturing the new smartphone by replacing it into the even corner part in Korea, and sold it to the Korean Intellectual Property Office by the trademark right holder, through the work of the “nar” in which Samsung Electronic, a trademark right holder, registered with the Korean Intellectual Property Office as a trademark registration number No. 0817494 (E 210K), and manufactured the counterfeit goods of the smartphone at the time of Samsung G Galthalthalthal, which was registered with the Korean Intellectual Property Office as a trademark registration number No. 08174 (E210K), and sold in KRW 20,365,00 won, and in the above case of Samsung F in around the 10th of the same month.
In addition, from the time to January 16, 2016, the Defendant manufactured 37 smartphones totaling KRW 337,140,00 and sold them for 47,140,00, as stated in the attached list of crimes, from time to time with D and E, and possessed 63 smartphones at the gallon juth of Samsung Samsung which was forged in the same manner as above for sale purposes, and possessed 1,229 smartphones at the gallon juth of Samsung Fallon which was forged for manufacture purposes.
Accordingly, the defendants conspired to infringe the trademark right of Samsung Electronic Co., Ltd.
Summary of Evidence
1. Statement by the defendant in court;
1. Each protocol concerning the examination of a police officer against D, E, H, I, J, K, L, M, or N;
1. Police seizure records;
1. Each statement of transactions;
1. Application of the Acts and subordinate statutes to investigation reports (Attachment to the register of Samsung Electronic Trademark);
1. Criminal facts;