A defendant shall be punished by imprisonment for not less than eight 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.

Punishment of the crime

The Defendant is a person who operates precious metal sales store in the name of Jongno-gu Seoul Metropolitan Government and 24 "C".

No one shall use any trademark identical with or similar to another person's registered trademark on goods identical with or similar to the designated goods, and deliver, sell, forge, imitate, or possess such trademark for the purpose of using or making another person use it.

Defendant purchased from D (not later than August 3, 2015, the aforementioned precious metal sales store, and on January 2, 2015, 2015, a mark identical or similar to the French trademark (No. 0149164) registered with the Korean Intellectual Property Office (No. 014), the Defendant purchased from D (not later than 3 million won for the value of the authentic product) one gold-free metal with a trademark identical or similar to the false trademark registered with the Korean Intellectual Property Office, and sold the processed metal products to customers under its name from around that time until July 16, 2015, as well as from the time of the purchase to July 16, 2015, 354 points of forgery (C, 134,1520,000 won for the value of the authentic product) from the said D with a total of 253 occasions, and sold the processed metal products to customers with the name of 350,000 won and 450,000 won for the name of this case.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a copy of each protocol concerning examination of suspects to the prosecution regarding D;

1. Selection of punishment under Article 93 of the Trademark Act (referring to each trademark right holder's respective registered trademarks) and imprisonment for criminal facts;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Social service businesses under Article 62-2 of the Criminal Act;

1. A crime of violating Article 97-2(1) of the Trademark Act on the grounds of sentencing of Article 97-2(1) of the Confiscation Act is not a crime that infringes on the right of the registered trademark right holder and seriously disturbs the order of trade in the product market.