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Defendant shall be punished by imprisonment for a term of one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. No person who violates the Customs Act shall acquire, transfer, transport, keep in custody, mediate or appraise the imported goods;
On October 17, 2015, the Defendant acquired and stored 14,365 points (total cost of goods 594,467,420 won, total market price 967,118,567 won) from around that time to May 17, 2018, 15, which are 15 points (1,245,00 won in the cost of goods, 2,027,687 won in the market price), including those acquired with knowledge of the fact.
2. No person who violates the Trademark Act shall deliver, sell, forge, imitate, or possess a trademark identical or similar to another person's registered trademark for the purpose of using it for goods identical or similar to the designated goods;
around October 17, 2015, the Defendant: (a) sold 10,616 points, such as the forged clothes, etc., as indicated in the [Attachment] Nos. 1 through 366 from the date of the crime, to December 28, 2017 (the market price of Jin goods is KRW 8,569,900,00) to the domestic clothing service providers; (b) around that time, around May 17, 2018, the Defendant possessed 15 points in order to sell the registered trademark (registration number: 0373766); and (c) possessed 3,749 points, such as the forged clothes, as indicated in the [Attachment] Nos. 367 to 411, as indicated in the [Attachment] list Nos. 367 to 411.
Summary of Evidence
1. Statement by the defendant in court;
1. Copy of each police statement made to E;
1. Seizure records;
1. An investigation report (report on receipt of written opinions on appraisal of forged goods), an investigation report (Preparation of a list of crimes), an investigation report (D account verification);
1. Application of Acts and subordinate statutes to written appraisal;
1. Articles 274(1)1 and 269 of the Customs Act (the acquisition of smuggling), Article 230 of the Trademark Act (the acquisition of smuggling, including the fact of infringement of trademark rights, and each registered trademark), and each choice of imprisonment, respectively, 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 (the following sentencing) provides for suspension of execution.