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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.
Reasons
Punishment of the crime
The Defendant is a person who operates an Internet shopping mall in the name of “B” and “C”.
The Defendant: (a) around September 20, 2016 to February 23, 2017, using “B” stores located in Gyeonggi-si from around September 20, 2016 to around February 23, 2017 and E 404 of the same hour; (b) trademark design design files; (c) trademark registration number No. 0062538; (d) trademark owner’s self-defense creamb); (d) “Adis” ( trademark registration number No. 1057546; (d) trademark owner’s self-support; (e) trademark registration number No. 1061756; (e) trademark registration number No. 10652; (e) trademark registration number No. 10630; and (e) trademark registration No. 103029; and (e) trademark registration No. 3080; and (e) the Defendant forged the trademark by means of printing the profits generated from the Internet.
Accordingly, the Defendant forged another person’s registered trademark.
Summary of Evidence
1. Statement by the defendant in court;
1. Each protocol of seizure and the list of seizure;
1. Investigation report (report on confirmation of sales amount related to infringement of trademark rights);
1. Details of each bank account transaction;
1. The original register of each trademark;
1. Application of Acts and subordinate statutes on Internet petition;
1. Articles 230 and 230 of the Trademark Act (a comprehensive trademark, with regard to each type of punishment) applicable to facts constituting an offense;
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 suspended execution;
1. Article 236(1) of the Trademark Act that is confiscated;
1. The reason for sentencing under Article 10(1) of the Act on Regulation and Punishment of Concealment of Criminal Proceeds from Additional Collection [the scope of a recommendation] The act of infringing on registration rights is a type 1 (the act of infringing on registration rights) (one month to one year) [the person subject to special mitigation] in the mitigated area [the decision of sentence]] where actual damage is minor [the decision of sentence] 2 years of suspended execution for six months (the defendant did not have any history of punishment for the same kind of crime, and the defendant was deemed to have committed an act of infringing on goods other than the goods sold by trademark holders. This case is a trademark holder.