A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On October 14, 201, the Defendant was sentenced to a fine of two million won for a violation of the Trademark Act by the Daejeon District Court on April 2, 201; on April 2, 2012, the same court was notified of a summary order of two million won for the same crime; and on December 26, 2012, the same court was sentenced to a fine of three million won for the same crime.

【Criminal Facts】

피고인은 2014. 6. 14. 11:47경 충북 옥천군 이원면 신흥1길에 잇는 이원면보건지소 앞에서 가부시기가이샤골드원이 제0356224호로 등록한 ‘THE NORTH FACE' 상표와 유사한 상표가 표시된 티셔츠 2점, (주)블랙야크가 제0380952호로 등록한 ’BLΛCK YΛK' 상표와 유사한 상표가 표시된 바지 32점, 티셔츠 28점, 조끼 7점, 점퍼 3점 총 72점을 판매할 목적으로 노점에 진열하여 위 상표권자들의 상표권을 각각 침해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. The Trademark Register of THE NTRHFCE;

1. The original BLACK YAK Trademark Register;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Article 93 of the Trademark Act governing the facts constituting an offense and Article 93 of the Election of Imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decisions 200Do1448, Apr. 1, 20

1. Probation under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act, Article 97-2 (1) of the Trademark Act;