A defendant shall be punished by imprisonment 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 is a person who operates a street store (Noise Number E) in front of the D referred to in Seoul Jung-gu Seoul Metropolitan Government.

No person shall infringe on a trademark right or exclusive use right by an act of possessing for the purpose of transferring or delivering goods identical with or similar to designated goods on which another person's registered trademark or any other trademark similar thereto is marked.

1. 피고인은 2016. 2. 23. 경 위 노점상에 피해자 ‘ 샤넬’ 이 대한민국 특허청에 등록한 상표( 상표 등록번호 제 0056673호) 와 동일 또는 유사한 상표가 함부로 부착된 가짜 귀걸이 215점을 판매하기 위해 소지한 것을 비롯하여 별지 범죄 일람표 1 기 재와 같이 총 573점( 정품 추정 시가 합계 631,260,000 원 상당) 을 판매 목적으로 소지하여 해당 상표권 자들의 상표권을 각각 침해하였다.

2. On March 29, 2016, the Defendant infringed on the trademark rights of the pertinent trademark right holders, respectively, by possessing a total of 572 points (a total of 358,300,000 won, in total of 358,30,000 won in the market price of the fixed goods) as shown in the attached Table 2 re-use, which is identical or similar to the trademark registered with the Korean Intellectual Property Office (No. 069475, the trademark registration number No. 069475) by the victim’s “Ra Eth E” on the street, which is identical with or similar to the trademark registered with the Korean Intellectual Property Office (the trademark registration number No. 069475).

Summary of Evidence

1. Statement by the defendant in court;

1. Sovereign photographs;

1. Each protocol of seizure and the list of seizure;

1. A statement of appraisal of each seized article;

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

1. Relevant legal provisions and Article 93 of the Trademark Act regarding criminal facts (Options of imprisonment);

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 stay of execution (Article 62 (1) of the Criminal Act on the basis of the following favorable circumstances):

1. Reasons for sentencing under Articles 97-2 (1) and 93 of the Trademark Act;

1. The basic area (from October to two years) of the act of infringing on the scope of the recommended punishment on the sentencing criteria. The basic area of the act of infringing on the right to registration (the act of infringing on the right to registration).