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

No person shall possess goods identical with or similar to designated goods on which another person's registered trademark or any other trademark similar thereto is marked for the purpose of transfer or delivery.

On July 25, 2016, the Defendant infringed on the trademark rights of others by carrying with the Korean Intellectual Property Office a trademark identical or similar to the trademark registered under No. 0118012, No. 059471, and No. 04829, as shown in the attached Table No. 97, on July 25, 2016, the Defendant, as the Guri-si Dogwon, 134 - 76, Jin Chang-si 4, Han-gu, a main apartment parking lot, for the purpose of selling any goods attached with a trademark identical or similar to another person’s trademark rights, as shown in the attached list of crimes, including 97.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure and list of seizure, and photographs of each seized article;

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

1. Article 93 of the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016) regarding criminal facts

1. Selection of each sentence of imprisonment;

1. Article 37 (former part of Article 37 of the Criminal Code, Article 38 (1) 2 and Article 50 of the Criminal Code of Aggravation of 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. Reasons for sentencing under Article 97-2 (1) of the former Trademark Act that is disadvantageous to the defendant: The circumstances in which the defendant has already been punished once for the same kind of crime are favorable: The defendant is divided by mistake and there is no record of punishment exceeding fine due to the same kind of crime; and the defendant's age, sex, environment, motive, means and consequence of the crime, and the conditions for sentencing specified in the arguments, such as the circumstances after the crime, etc., shall be determined by the order.