The judgment of the court below is reversed.

Defendant

A shall be punished by a fine of KRW 7,00,00,00,000, in 10 months of imprisonment for the defendant corporation B.

1. The summary of the grounds for appeal is too unreasonable that each sentence (for the defendant A: 10 months of imprisonment, 2 years of suspended execution, 2 years of confiscation, and 7,00,000 won of fine, 7,000 won of fine) declared by the court below to the defendants.

2. Before the judgment on the grounds for appeal by the Defendants, the lower court ex officio examined the Defendants’ grounds for appeal, on the grounds that the lower court erred by omitting the applicable provisions on confiscation in the application of statutes while sentencing confiscation in the text, thereby adversely affecting the conclusion of the judgment. Therefore, the lower judgment was no longer maintained

3. Therefore, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendants' assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

Criminal facts

The summary of facts and evidence acknowledged by this court is as follows. The summary of facts and evidence of the judgment of the court below is the same as that of each corresponding column of the judgment of the court below, except that the "propex (registration No. 400933906000)" of Article 7 of the facts of the crime is applied to "propex (registration No. 40093900)" in Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article applicable to criminal facts;

(a) Defendant A: Article 93 of each Trademark Act (exclusive of each registered trademark);

(b) Defendant B: Articles 97 subparag. 1 and 93 of the Trademark Act (limited to each registered trademark)

1. Articles 40 and 50 (Punishment on the violation of the Trademark Act concerning each of the crimes of violating the Trademark Act and the infringement of the trademark right of "prop" with heavy circumstances) of each of the Criminal Code;

1. Selection of the punishment (Defendant A) imprisonment;

1. Suspension of execution (Defendant A) Article 62 (1) of the Criminal Act (The following consideration shall be given in favor of the reasons for sentencing);

1. For the reason of sentencing under Article 97-2(1) of the Trademark Act, Defendant A is subject to particular criminal punishment in addition to a fine imposed on three occasions.