A defendant shall be punished by imprisonment for six months.

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.

Punishment of the crime

No person shall carry any goods identical with or similar to designated goods on which another person’s registered trademark or other similar trademark is marked, for the purpose of transferring or delivering them.

The Defendant, from January 2016, is a person who sold the flocks through the Internet clocks with the trade name “B” from around January 2016.

피고인은 2016. 5. 26. 14:10 경 의정부시 의정로 77 의정부 세무서 주차장에서 판매할 목적으로 프랑스 샤넬사의 등록 상표( 등록번호 제 0071323호) 와 동일 또는 유사한 상표가 표시된 가짜 샤넬 시계 2개를 비롯한 별지 범죄 일람표 기재와 같이 정품 시가 합계 1,143,200,000원 상당의 가짜 시계 60개를 C 폭스바겐 승용차에 보관하는 방법으로 소지하여 타인의 상표권을 침해하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure and list of seizure, and descriptions and videos of seized articles, etc.;

1. Photographs of smartphone posts, photographs of the contents of conversations related to orders, ledger of trademark registration, replies to the goods requested for appraisal of seized objects, descriptions in a written opinion of appraisal, and the application of video Acts and subordinate statutes;

1. Relevant legal provisions and Articles 93 of the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016) regarding criminal facts

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;

1. The act of selling the so-called “a even corner” by the Defendant, who had been sentenced to a stay of two years from October to June, 200 [the scope of punishment] under Article 97-2(1) of the former Trademark Act (wholly amended by Act No. 1403, Feb. 29, 2016] [the scope of punishment] among each category of knowledge property rights crimes group [the scope of recommended punishment] basic area: the act of selling the so-called “a so-called even corner” by the Defendant, who had been sentenced to a stay of two years during the period of imprisonment.