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A defendant shall be punished by imprisonment for one year.
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.
Reasons
Punishment of the crime
The Defendant is a person who operates a child uniforms wholesaler in the name of “C” on the second floor of Seoul Jung-gu, Seoul.
1. In around August 30, 2017, the Defendant violated the Copyright Act: (a) sold children’s uniforms of KRW 15,000, which were attached to D, a work made by the Educational Broadcasting System of Korea (copyright registration number: C-2015-01279) by reproducing the “work of copyright registration (copyright registration number: C-2015-01279) on January 26, 2015; and (b) from January 2016 to August 2017, the Defendant manufactured and sold uniforms of KRW 100,217,100 (value 280,569,500) over 44 occasions as indicated in the list of crimes committed in the attached Table.
Accordingly, the defendant infringed on the author's property right of the Educational Broadcasting System for profit.
2. In around August 30, 2017, the Defendant violated the Trademark Act: (a) on July 22, 2015, the Korea Educational Broadcasting Broadcasting System, the trademark holder registered as the designated goods the trademark “openly” trademark (registration No. 11119142, Feb. 24, 2017; (b) affixed a forged trademark identical or similar to the trademark “one mark” (registration No. 123507, No. 12507, No. 1235), which was registered as the designated goods; and (c) attached the two children’s clothes, which were manufactured by attaching a forged trademark identical or similar to the trademark “one hundred five thousand won,” which is the one of the customers, from January 2016 to August 22, 2017; and (d) attached the trademark at least 10,017, 107, 1007, 1060, 508 won, and 508 won.
Accordingly, the Defendant infringed on the trademark right of the Educational Broadcasting System.
3. He/she shall not use another person's name, trade name, trademark, or container or package of goods, or any other mark identical or similar to a mark indicating another person's goods, which is widely known in the Republic of Korea in violation of the Unfair Competition Prevention and Trade Secret Protection Act, or sell, distribute, import, or export goods using such a mark to cause confusion with another person's goods;