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A defendant shall be punished by imprisonment for not more than ten 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.
Reasons
Punishment of the crime
1. On May 9, 2016, the Defendant, a trademark right holder of Yangcheon-gu Seoul Metropolitan Government D Building 305, “LOUS VUITON (registration number: No. 0059471)” and the trademark right of the trademark holder of the trademark right infringed on the trademark right holder’s trademark right by keeping a total of 478 points of forged trademark products for the purpose of selling, as in the attached list of crimes (1) of the attached list of crimes, including 81 points on which a forged trademark of the same or similar shape is attached.
2. On October 28, 2013, the Defendant sold 1,018 points in total 357 times, such as the trademark with a trademark right holder’s “CATRIER (registration number: No. 0028481)” and the trademark right holder’s trademark right was infringed by selling 1,018 points in total, including the trademark with a forged trademark identical or similar to the trademark owner’s “CATRIER (registration number: No. 0028481), from around that time to May 9, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. Each protocol of seizure and the list of seizure;
1. Papers, photographs, photographs and outputs related to the victim A;
1. The application of the Act and subordinate statutes of 9 copies of the e-mail book, 24 copies of the e-mail book, 11 copies of the e-mail sheet, 11 copies of the e-mail sheet, e-mail sheet, 1 copy of the e-mail sheet, 16 copies of the e-mail import declaration, 48 copies of the trademark registration ledger;
1. Article 93 of the Trademark Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
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. Protective observation and community service order under Article 62-2 of the Criminal Act;
1. The reason for sentencing under Article 97-2(1) of the Trademark Act continues to exist even if the Defendant had been punished for a fine of three million won due to a violation of the Trademark Act on November 19, 2015.