A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2017. 6. 2. 인천 부평구 B 건물, 202호 C 회사 사무실에서, 그곳에 있는 컴퓨터 3대를 이용하여 위조 상품 판매 사이트인 ‘D', ’E 등을 운영하면서, 상표권 자인 ‘ 샤넬’ 이 대한민국 특허청에 등록한 상표인 ‘ 샤넬’( 등록번호 400055592호) 과 동일 또는 유사한 위조 상표가 부착된 상의 2점을 판매할 목적으로 보관한 것을 비롯하여 별지 범죄 일람표 기재와 같이 총 146점( 정품 시가 73,883,000원) 의 의류 등을 판매할 목적으로 보관하여 상표권 자들의 상표를 침해하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. A copy of a course of a Kakao Kakao Stockholm course, the content of the Kakao Stockholm conversation, and a bulletin posted list;

1. Each investigation report (verification of suspect-use account, calculation replys to the assessment of the fixed price of goods, and responses to expert opinions);

1. Application of Acts and subordinate statutes of the original register for trademark registration;

1. Relevant Article of the Criminal Act and Article 230 of the Criminal Act concerning the crime. Article 230 of the Criminal Act (Generalized by Registered Trademark, Selection of Imprisonment);

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. The community service order under Article 62-2 of the Criminal Act;

1. The crime of this case committed on the grounds of sentencing Article 236(1) of the Trademark Act is punishable by a fine of three million won for violating the Trademark Act on or around January 2017. In addition, the crime of this case is not less complicated than that of keeping the forged trademark for the purpose of selling clothes, visibility, etc. on which the forged trademark is attached through the Internet site.

However, the crime of this case appears to be a crime of living, and the defendant is led to confession, and the defendant does not repeat again thereafter.

There is no criminal offense over a fine against the defendant.

In addition, the sentencing factors shown in the trial process of this case, such as the age, character and conduct, environment, and circumstances after crimes, shall be determined as per Disposition.

It is so decided as per Disposition for the above reasons.