A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year and six months from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 서울 중구 B에 있는 C 시장 3 층 175호에 있는 ‘D’ 매장을 운영하는 사람으로서, 2016. 1. 26. 21:10 경 위 ‘D’ 매장에서 상표권자 샤넬이 국내 특허청에 등록한 CHANEL( 상표 등록번호 : 0309448호, 0056673호) 의 위조 상표가 부착된 가방 1점, 지갑 4점 등을 판매할 목적으로 보관한 것을 비롯하여 별지 범죄 일람표 기재와 같이 위조 상표가 부착된 가방 등 278점( 정품 시가 합계 231,350,000원) 을 판매할 목적으로 보관하여 해당 상표권자의 상표권을 각각 침해하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. The application of statutes governing the registration of trademarks, the ledger of trademark registration, the appraisal opinions, and unit price table;

1. Articles 93 and 93 of the Trademark Act and choice of imprisonment concerning facts constituting an offense;

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 reason for sentencing under Article 97-2(1) of the Confiscation Trademark Act is that the Defendant violated trademark rights widely known to the Republic of Korea and abroad, thereby damaging the business reputation of the trademark right holder and disturbing market order such as distribution of related goods, and that the Defendant has been punished four times due to the same kind of crime, and that the Defendant committed a second offense is disadvantageous.

However, the defendant will not handle absolute counterfeit products in the future as he reflects the defendant's mistake in depth.

The fact that there is a large amount of crime as a small-scale company, and that the profits that the defendant acquired are not high, and that the goods kept by the defendant are seized and will be confiscated, and that there is no criminal record other than the four-time fines mentioned above can be considered as favorable circumstances.

In addition, the sentencing conditions, such as the age, sex, environment, circumstances, and circumstances after the crime, shall be comprehensively considered, and the punishment shall be determined as per the order.