A defendant shall be punished by imprisonment with prison labor for not more than ten 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

No person shall transfer or deliver goods identical with or similar to designated goods on which a trademark similar to the registered trademark of another person is marked, or possess such goods for such purpose without any justifiable reason for using the trademark.

1. From January 22, 2015, the Defendant supplied a total of 16,845 points from “E” and sold 16,818 points among this, to buyers who were supplied with 16,818 points from “E” until January 19, 2016, by being supplied with the same forged trademark as the registered trademark (registration number No. 59471) on the horse belt of the owner of the trademark right, from “E” located on the fourth floor of Gwangju Seo-gu, Seo-gu, Gwangju, Seo-gu, Gwangju, by the Defendant, until January 2, 2016, by means of being supplied with the same forged trademark as the registered trademark (registration number No. 59471) on the horse belt of the owner of the trademark right.

2. On February 4, 2016, the Defendant, at the same place as indicated in paragraph (1), stored 27 points in order to sell a total of 27 points, such as the number of a trademark right holder who is supplied with a trademark from “E” (registration No. 350206) and the number of a fake trademark attached with the same forged trademark as the registered trademark from “E” (registration No. 350206) and the number of a trademark right holder’s trademark right holder’s trademark (registration No. 497230), and infringed the trademark right of the said trademark right holder.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police seizure record and the list of seizure;

1. Investigation report (the details of supply and specific descriptions of the fixed amount of goods);

1. A written investigation confirmation, a voluntary submission, and a statement on purchase of forged goods;

1. Each original trademark register;

1. Application of Acts and subordinate statutes to the site and seized articles;

1. Article 93 of the relevant Act and Article 93 of the former Trademark Act (amended by Act No. 14033, Feb. 29, 2016; hereinafter the same shall apply) regarding criminal facts;

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. Reasons for sentencing of Article 97-2(1) of the former Trademark Act [the scope of recommending punishment] registration infringement.