A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence1 through 6 shall be confiscated from the accused.

Punishment of the crime

On August 22, 2013, the Defendant sentenced eight months to imprisonment for a violation of the Trademark Act at the Busan District Court on January 11, 2014, and completed the enforcement of the sentence.

The Defendant sold miscellaneous goods at “D” stores located in Jung-gu Busan Metropolitan City, Jung-gu C underground.

피고인은 2014. 12. 7. 11:30경 위 장소에서 불상의 중간공급업자로부터 상표권자인 프랑스 ‘루이비똥말레띠에’사, 프랑스 ‘샤넬’사, 이탈리아 ‘구치오구치쏘시에떼퍼아찌오니’사, 룩셈부르크 ‘프라다 에스.에이’사가 각 대한민국 특허청에 그 지정 상품을 가방, 지갑 등으로 정하여 등록한 ‘루이비똥(LOUIS VUITTON)', '샤넬(CHANEL)', ‘구치(GUCCI)’, ‘프라다(PRADA)'와 동일ㆍ유사한 상표가 부착된 가방, 지갑 등을 공급받아 판매하고 남은 별지 목록 기재 54점(정품 시가 약 4,270만 원)을 판매 목적으로 보관하였다.

Accordingly, the defendant infringed the trademark rights of the above trademark right holder.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records and investigation reports (No. 4 through 6) ;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes concerning criminal records and prosecution records;

1. Article 93 of the Trademark Act as to facts constituting an offense (limited to each registered trademark);

1. Articles 40 and 50 (Mutual Violation of the Trademark Act) of the Commercial Competition Act;

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

1. Considering that the defendant, who had been sentenced twice to two times due to the same kind of crime for sentencing under Article 97-2(1) of the Trademark Act, committed the same crime during the period of repeated crime, has repeated the same crime, it is deemed that the defendant's awareness of complying with the legal order is imminent.

The defendant shall be sentenced to imprisonment.

Article 51 of the Criminal Act provides that the above-mentioned situation is recognized when the crime is committed, the exposed crime size is not significant, the report on the closure of the miscellaneous sales store operated by the defendant, and other matters.