Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant, as stated in the facts charged, did not directly import goods infringing on trademark rights (hereinafter “registered goods”) from China, but distributed goods brought into Korea. However, the lower court, which the Defendant imported the said goods from China.

As such, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. In calculating an additional collection charge against the defendant, the portion of the above freight shall be excluded as well as the portion of the freight received by the defendant while running a taxi in addition to the sales price of counterfeit items in the Saemaul Treasury account in the name of the defendant, which is the basis of calculation in calculating the additional collection charge against the defendant. Since the sale price of counterfeit items is calculated erroneously, the part of the judgment below's additional collection is erroneous, which affected the conclusion of the judgment.

(c)

The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the facts charged against the Defendant are those of “transfer or delivery of goods infringing on trademark rights” (Article 1 of the facts charged) and “holding for sale purposes” (Article 2 of the facts charged).

In other words, “import of forged goods” itself is merely a premise, not a charge, but a criminal fact recognized by the court below.

However, the lower court, based on the evidence duly adopted and examined by the lower court, stated the Defendant’s import act on the grounds of sentencing, and based on the following circumstances, i.e., the supply of counterfeit items from the Defendant in 2014:

D’s book is written as “import (A)” by the Defendant, ② D states that forged items supplied by the Defendant are “imported items” (in the investigation record eight pages), ③ Defendant C located in Jung-gu Incheon.