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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No one shall deliver, sell, forge, imitate, or possess a trademark identical or similar to another person's registered trademark for the purpose of using or making another person use such trademark on goods identical or similar to the designated goods.
On January 11, 2010, the Defendant: (a) registered a seller at the Internet shopping mall’s website; and (b) sold the victim’s trademark right at a total selling price of KRW 75,577,470 (or KRW 228,000,000,000,000) by forging the same trademark as the trademark registered with the Korean Intellectual Property Office as the designated goods on December 24, 1991 by the victim’s “Naki International Litts” (No. 029092) registered with the Korean Intellectual Property Office as the designated goods; and (c) from that time to August 20, 2012, the Defendant infringed on the victim’s trademark right by selling the victim’s age of forgery of the same trademark as the trademark registered with the Korean Intellectual Property Office (No. 029092).
Summary of Evidence
1. Defendant's legal statement;
1. An investigation report;
1. The output of the screen for the sale of the recreation C’s age; and
1. A certificate of a limited liability knife Korea;
1. Personal information on the stockholders of the Auction C and details of sales and remittance;
1. Personal information on subscribers to each office, market subscribers, and details of sales and remittance; and
1. Each Ashion, each City-market's age forged bill of remittance, and sales sight table;
1. The golf with each forged age or the output of the screen screen for the sale of e-mailing sports;
1. Notice of age, height and price of goods, and each original trademark register;
1. Application of Acts and subordinate statutes to written appraisal;
1. Relevant Article of facts constituting an offense and Article 93 of the Trademark Act (with respect to each of the forged trademark, the fact of selling each forged trademark and the choice of imprisonment);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reason for sentencing under Article 62(1) of the Criminal Act (including the favorable circumstances among the reasons for sentencing below) is that the Defendant’s criminal period is long and the quantity of counterfeit trademark goods sold illegally is small.