A defendant shall be punished by imprisonment 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

During the period from June 1, 2012 to November 21, 2013, the Defendant: (a) supplied and kept for sales purposes the clothing attached with a trademark identical or similar trademark registered by Japanese mother Co., Ltd., Ltd.; and (b) sold products worth approximately KRW 49,086,350 to many unspecified people, including F residing in Gangwon-gun E through online, which was established in the Internet NAV.

Accordingly, the defendant infringed the trademark rights of the trademark right holder.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of F by prosecution;

1. Seizure records;

1. Each existing evidence of subparagraphs 2 through 16 of this Article;

1. Application of Acts and subordinate statutes to an investigation report (report on attachment to the trademark register, report on attachment of an appraisal report, report on the results of analysis of hard disks, search and seizure applying the financial account trend, the results of execution of a warrant of search

1. Relevant Article of facts constituting an offense and Article 93 of the Trademark Act (Overallly, Imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act;

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

1. Article 97-2 (1) of the Trademark Act (with respect to subparagraphs 5 through 16 of this Article, it is difficult to see that goods, etc. offered for or obtained by the act of infringement are offered for infringement of trademark rights, or obtained by the act of infringement);

1. Articles 10(1) and 8(1) of the Act on Regulation and Punishment of Criminal Proceeds Concealment [The criminal proceeds subject to forfeiture or collection in accordance with the Act on Regulation and Punishment of Criminal Proceeds Concealment refers to the property generated from the criminal act or the property acquired as remuneration for the criminal act. As such, in this case, criminal proceeds of the defendant in this case are KRW 49,086,350, which is the total sales proceeds (see, e.g., Supreme Court Decision 2012Do4399, Jun. 28, 2012] on the grounds of sentencing.