A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

No person shall use a trademark identical with another person's registered trademark on goods similar to the designated goods, or use a trademark similar to another person's registered trademark on goods identical with or similar to the designated goods.

On July 9, 2015, the Defendant infringed the victim’s right to use the phrase “D” similar to “Amk” (registration number : 0072298) registered with the Korean Intellectual Property Office on November 5, 2001 for housing construction business, etc. in the Daegu Dong-gu, Daegu-gu, Daegu-gu, Seoul-gu, violated the victim’s right to use the phrase “D” as “D” registered with the Korean Intellectual Property Office for the purpose of housing construction business, etc. (registration number : 072298).

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. Statement made by the police with regard to F;

1. Registers of certified copies of registers and registers of service marks;

1. Application of the Acts and subordinate statutes to photographs, such as apartment outer walls;

1. Article 93 of the relevant Act and Article 93 of the former Trademark Act (amended by Act No. 14033, Feb. 29, 2016); the choice of imprisonment for a crime

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act is that the Defendant violated another person’s trademark right and caused confusion to consumers and withdrawal of unjust profits. However, the name of “G” used on the outer wall of the instant apartment building was removed on July 3, 2015 due to the victim’s objection, and the name of “H” was changed from “D” to “H” on July 5, 2017, even with respect to the registration of real estate, and other favorable circumstances, such as the Defendant’s age (7 years), sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., and other favorable factors, such as the Defendant’s age (7 years), sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., shall be determined in accordance with the order.