A defendant shall be punished by imprisonment with prison labor for not more than ten 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

The Defendant supplied and stored a counterfeit product with a forged trademark registered by a trademark holder with an overseas well-known trademark, and distributed and sold such product through a smartphone “Kakao Satori”.

In around 20:00 on September 12, 2017, the Defendant kept the trademark registration (registration number: No. 0888121) at “Gu S. E. E. E. E. E. (G. Ga. S.P.)” at the office of B 1st, Namyang-si, Seoul, the Defendant infringed the trademark rights of each of the above offices by keeping the 28-day e.g. (590,000 won per unit of the fixed market price, No. 1) on which a trademark of the same and similar shape is attached, as indicated in the list of crimes in the attached crimes, with the trademark attached at around 20:0,000 (a total of 28,070,000 won per unit of the fixed market price).

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (to arrest a suspect and attach photographs of the scene of seizure), on-site photographs, etc.;

1. The current status of sales prices of Internet shopping malls, such as investigation reports (appraisals of goods infringing on trademark rights and the original register of trademark registration), answers to requests for appraisal, appraisal opinions, and calculation of prices of authentic products, five copies of the register of trademark registration, GIVNCHY data on registration of trademarks, and the current status of sales prices of Internet shopping malls

1. Application of each existing statute under subparagraph 1 of the evidence seized to subparagraph 6;

1. Article 230 of the Trademark Act concerning facts constituting an offense (including each registered trademark);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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. Reasons for sentencing under Article 236(1) of the Trademark Act;

1. One month to seven years from imprisonment with prison labor within the applicable range of punishment by law; and

2. The scope of the recommended punishment on the sentencing criteria [the types of decisions] the basic area of the first type (decision on the area of recommendation] (decision on the area of recommendation] (decision on the area of recommendation), the basic area of the infringement on registration and rights, and two years from the imprisonment of ten months to the two years.

3. Determination of sentence: the content of the instant crime and the size of infringed goods, and the Defendant’s seal.