A defendant shall be punished by imprisonment with prison labor for up to six 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 engages in a household sales business.

During the period from November 9, 2008 to October 16, 2015, the Defendant sold the processed excreta of 30 points to the Korean Intellectual Property Office as indicated in the attached crime list, such as selling the processed excreta of 20 points to the Korean Intellectual Property Office with a trademark identical to a trademark registered as a provisional bank, and the Defendant, on October 16, 2015, kept 10 points to the processed excreta of 20 points to sell the processed excreta of 30 points attached with a trademark registered as a general 30 points, and on October 16, 2015, kept the processed excreta of 10 points to sell the processed excreta of 10 points attached with the trademark of 20 points as indicated in the attached crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Photographs, the list of market prices of authentic goods, and the register of trademark registration;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 93 of the Trademark Act concerning facts constituting an offense (including each registered trademark);

1. Article 40 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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 community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing of Article 97-2(1) of the Trademark Act that the defendant is against his will while committing a crime, and that he will not sell counterfeit goods in the future.

It is the factor of sentencing favorable to the defendant.

The fact that the defendant has three times the same penalty power is the factor of sentencing disadvantageous to the defendant.

In addition, the punishment shall be determined as ordered in consideration of various conditions of sentencing, such as the age, sex, environment, and circumstances after the crime, and the execution of such punishment shall be suspended, but community service shall be ordered.