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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who, from March 2007, operates a clothing store in the name of “E” at a store of 16th floor of Yongsan-gu Seoul Metropolitan Government D's second floor.
From August 2009, the Defendant sold the clothing, etc. affixed with a forged trademark at the above store. From October 16, 2013, the Defendant kept 34 points (the total market price 1,525,000 won) in total, including 25 points, 5 points, etc. (the trademark registration number No. 37377), where a forged trademark of the same shape is attached to the trademark holder’s “MNCLE” (No. 3737) for sale in the above store, and 34 points (the trademark registration number No. 498489), which is the registered trademark of the trademark holder’s “MNCEE” (the trademark holder’s “HHE”) and “HEEEEE” (the trademark registration number No. 4989), which is the registered trademark of “HEEEEEE” (the trademark registration number No. 4989), and infringed each trademark right.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the Acts and subordinate statutes of the Public Prosecutor’s seizure protocol, each investigation report, control certificate, each photograph, business registration certificate, and each trademark registration tax table;
1. Relevant Articles of the Act concerning facts constituting an offense and Article 93 of the elective Trademark Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The grounds for sentencing under Article 97-2(1) of the Trademark Act include: (a) the fact that the defendant, on the grounds of sentencing of Article 97-2(1) of the same Act, has committed the instant crime in several times; and (b) the motive, motive, content, etc. of the relevant crime appears to have a high risk of recidivism; and (c) other circumstances such as the defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive
It is so decided as per Disposition for the above reasons.