The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Seized No. 1.

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. Even though the defendant had been punished several times for the same crime, he/she, along with his/her husband, and again made and supplied a general meeting of directors and a meeting of directors to many domestic customers. Considering the scale, duration, etc. of the crime, it is difficult to exempt him/her from punishment in light of the circumstances, such as where he/she attempted to destroy evidence, such as destroying receipts, etc. at the time of arrest, hiding mobile phones containing the information of the customer, and where he/she led the criminal act, and the husband led the criminal act.

However, in full view of the fact that the defendant has been suffering from depression due to the business failure and economic difficulties, and that the released defendant's health condition is not good for her husband's health and thus it is difficult to maintain his livelihood with her own ability, the full amount of the surcharge is paid in the trial, and other conditions of sentencing indicated in the records, such as the defendant's age, character and conduct, and environment, the sentence of the court below seems to be somewhat unreasonable.

3. In conclusion, the part of the judgment of the court below against the defendant under Article 364 (6) of the Criminal Procedure Act is reversed as the defendant's appeal is with merit, and this part is judged as follows.

Criminal facts

The summary of the crime and evidence recognized by this court against the defendant is the same as the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 93 of the Trademark Act and Article 30 of the Criminal Act concerning facts constituting the crime;

1. Articles 40 and 50 (Mutual Crimes of Violation of the Trademark Act by Custody and Possession)

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;