A defendant shall be punished by imprisonment for six 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

The defendant is a person who operates a garment point in Daegu Jung-gu, 8 to 186 in the first floor.

No trademark identical or similar to another person's registered trademark shall be used in the goods identical or similar to the designated goods, and no act of delivering, selling, forging, forging, or possessing such trademark for the purpose of using or making another person use it.

Nevertheless, the Defendant:

1. On October 9, 2012, at the above clothing store around 13:40 on October 9, 2012, in order to sell one copy of a forged trademark marked with a trademark similar to the trademark of “BLAKYYK” and similar trademark of “NEPA” registered by Hoan L&C Co., Ltd. under No. 0638534, and one copy of a forged trademark marked with a trademark similar to the trademark of “NEPA” registered under No. 079050;

2. On October 12, 2012, around 15:43, 2012, at the above clothing store, a trademark similar to the BLAK YAK trademark, which was registered by the black cream Co., Ltd. under No. 0638534, was possessed to sell clothing 37 points with a trademark similar to the trademark of the trademark of the trademark owner, as shown in the attached list of crimes.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Each original trademark register;

1. Application of each seizure protocol and list statutes;

1. Relevant Article 93 of the Trademark Act concerning facts constituting an offense and each of the choice of punishment;

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. Reasons for sentencing under Article 97-2(1) of the Trademark Act / [Sentencing Criteria] : Intellectual property rights, the act of infringing on registration rights : Reduction element - In cases where actual damage is insignificant - Reduction element - Reduction element - Reduction range of previous convictions and recommendation range and recommendation range: Reduction range: 1/3 of the upper limit of crimes 1/2 of the upper limit of crimes 1/3 of the upper limit of crimes 1/10 of the imprisonment with prison labor to 1/2 of the upper limit of crimes 1/3 of the upper limit of crimes .