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.

Punishment of the crime

The Defendant is a person who operates a precious metal manufacturing plant called “C” on the 1st floor of Seocheon-gu, Seocheon-gu.

No one shall deliver, sell, possess, etc. a trademark identical with or similar to another person's registered trademark for the purpose of using or making another person use such trademark on goods identical with or similar to the designated goods.

Nevertheless, on June 22, 2016, the Defendant: (a) held 69 marks, such as precious metal (the total market value of KRW 48,471,00), and trademark rubber mold (hereinafter “D”) with 28 marks, such as 11,20182, in the aforementioned precious metal manufacturing factory, the Defendant: (b) held 669 marks, such as the forged trademark of KRW 14K 160 through 60,000; (c) sold 160,000 through 37,000 if the trademark price of KRW 160,00,000,000 were forged and sold to the Korean Intellectual Property Office; and (d) sold 1,000 through 1,00,000 won; and (d) sold 37,00,000 if the trademark price of KRW 1,60,000 through 27,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the police officers in relation to E, F, G, and H;

1. Statement made to I by the police;

1. Written statements of J, K, L, M, N, andO;

1. The list of seizure, photographs and photographs of seized articles, ledger of registration of each trademark, protocol of seizure, current status of sale, books of account, photographs and appraisal of each field;

1. Each investigation report (calculated on the infringement amount of trademark rights - E, F, G) and the application of statutes;

1. Article 93 of the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016; hereinafter the same) and Article 93 of the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016; hereinafter the same shall apply) regarding 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 on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing of Article 97-2 of the former Trademark Act [the scope of the recommended punishment], and infringement of the registered right.