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

1. On March 13, 2014, the Defendant: (a) around 16:45, at the top of “D” store located in C market 2 in Daegu Jung-gu, Daegu-gu, Da 13, the Defendant: (b) was supplied with 31 points on which the “stock company Track” was registered with the trademark “B” (registration number No. 0380952) and possessed for transfer or delivery; and (c) possessed 83 points on the aggregate of the goods with a forged trademark as indicated in the attached list of crimes.

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

2. On May 28, 2014, at around 14:50, the Defendant received 23 points and 3 points with a trademark attached with the same or similar trademark from a person who was in fire, and possessed them for the purpose of transfer or delivery, at the top point of “D” located in C market 2 in Daegu-gu, Daegu-gu, Seoul-gu, one story, and one story 13, where “C market 2” was registered as a trademark by a person who was in fire, (No. 079096).

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

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. Each protocol of seizure and the list of seizure;

1. Each original trademark register;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Article 93 of the Trademark Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing of Article 97-2 of the Trademark Act [Scope of Recommendation] where the infringing goods are not distributed in the mitigated area (one month to one year) (special mitigation) of the mitigated area (one month to one year) of infringement on registration, [Pronouncement] of the infringing goods, the fact that there is a risk of undermining market trade order when indicating a famous trademark on goods; however, there is no distribution of infringing goods, the fact that infringing goods are not distributed, the fact that there is a history of being punished twice as a fine for the same kind of power;