A defendant shall be punished by imprisonment for not more than ten months.

except that 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

On February 26, 2003, the Defendant attached the trademark “G” (registration number H) and the trademark “J” (registration number K), a trademark registered with the above Korean Intellectual Property Office, from D, which is located in Daejeon PP from June 2, 2014 to September 1, 2014, the Defendant: (a) attached the trademark of “G” (registration number H); (b) the victim L, the representative director of F, who is the above corporation F, made an invention, and (c) the said corporation F, made a patent registration (registration number) with the M Korean Intellectual Property Office, and (d) made an invention of the victim L, the victim L, who is the representative director of F, made the said corporation F, to M Korean Intellectual Property Office, thereby selling it to Q50, a product similar to Q, “an agency,” which contains in the following time: (a) the effect of suppressing the growth of the production of propactium rums; and (b) the effect of smell reduction, thereby making it effective for the prevention and treatment.

Accordingly, the defendant infringed the victim F's patent right and trademark right.

No one shall cause confusion with another person's goods by using any other person's name, trade name, trademark, or container or package of goods, or any other mark identical or similar to another person's goods, which is widely known in the Republic of Korea, or by selling, distributing, importing, or exporting goods using such a mark, or by using any other person's name, trade name, or emblem or any other mark identical or similar to another person's business, which is widely known in the Republic of Korea, or cause confusion with another person's business facilities or activities.

Nevertheless, on August 23, 2014, the Defendant advertised the cosmetic called “U” by using the trade name “G”, “F”, “J”, and “S,” and advertised the cosmetic “U” under the name of “F B” on September 18, 2014.