All the judgment below is reversed.

Defendant

B B Imprisonment with prison labor of one year and four months, Defendant A, Defendant C, D, and E with prison labor of one year.

1. The summary of the reasons for appeal is improper because it is too unreasonable that the sentence imposed by the lower court on the Defendants (Defendant A: one year and three months of imprisonment; one year and six months of imprisonment; Defendant C, D, and E: 10 months of imprisonment) is too unreasonable.

2. Determination

A. Defendant A and B committed the instant crime in a planned and systematic fashion, and the size of trademark infringement is very large to KRW 1.1 billion based on the market price of the good, and the said Defendants are mainly responsible to the other party or another third party, but there is no change in the degree of participation of the said Defendants in light of the role and status in the instant crime, etc., the degree of participation is much more severe than that of the other Defendants. In light of the above, a sentence should be imposed against the said Defendants.

However, Defendant A was fined one time as a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, Defendant B was punished only once as a fine for a violation of the Food Sanitation Act, and there was no record of punishment for the same kind of crime, Defendant A paid the buyer the sum of KRW 92 million and deposited KRW 10 million in the court below (Defendant A: 26 million, deposit of KRW 17 million, Defendant C: 17 million, Defendant D: 34 million, Defendant J., Defendant J. 15 million, and Defendant B’s other charges for C: 12 million won, Defendant B deposited each other, and Defendant B deposited the amount of KRW 3 million in the court below as a purchaser; Defendant C’s age; Defendant C’s motive, means and consequence of the instant crime; Defendant C’s sentencing; Defendant D’s loan of KRW 16 million; Defendant J. 15 million; and Defendant B deposited the amount of KRW 3 million; and Defendant’s other circumstances; Defendant’s motive, means and consequence of the instant crime, etc.

Recognized.

B. Defendants C, D, and E committed the instant crime in a planned and organized manner, and the fact that the infringement of trademark rights is very large is disadvantageous to the said Defendants.

However, there is no record of being punished for the same crime, which is the confession of the defendants and against the defendant's life for a period of four months.