1. The judgment below is reversed.

2. The defendant shall be punished by a fine of 500,000 won;

3. The above fine shall not be paid by the defendant.

1. The sentence (one million won penalty) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. The crime of violating the Trademark Act of this case is recognized, such as the infringement of the right of the registered trademark holder, taking undue benefits by taking advantage of the right of the registered trademark holder, and disturbing the market trading order, and the crime is not good, and the defendant has a record of criminal punishment on several occasions.

However, it is also recognized that the defendant recognized his mistake as a whole and reflects it, and that he agreed with the victim for the first time.

In addition, considering the defendant's age, sex, environment, family relationship, motive, background, means and consequence of the crime, and all of the sentencing conditions shown in the records and arguments after the crime, the sentence imposed by the court below is somewhat unreasonable.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 230 of the relevant Act on criminal facts, Article 230 of the Trademark Act on the Selection of Punishment, and Selection of Fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;