A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The Defendant is a person who operates a garment point with the trade name “C” in Songpa-gu Seoul Metropolitan Government apartment building 108.

At around 10:30 on December 16, 2015, the Defendant infringed on the trademark right of the trademark holder by carrying 23 marks, such as the 1,181 marks attached to the forged trademark, which is identical to the trademark of the trademark holder “MONCE” (No. 037376 of the trademark registration number), in the above clothing, in order to sell the 1,181 marks attached with the forged trademark of 23 brands, such as the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each statement of D, E, and F;

1. Police seizure records;

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

1. Article 93 of the Trademark Act and the choice of imprisonment for a crime;

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. Reasons for sentencing under Article 97-2(1) of the Trademark Act for sentencing [the scope of punishment (violation of the Trademark Act)] the basic area (ten to two years and two years) of infringement on the right of registration (the act of infringement on the right of registration) / [the sentence] the type and number of the trademark infringement goods for which the defendant was in sale are in sales are disadvantageous to the defendant.

However, in light of seized articles, most infringing trademarks are ‘MONCLER', ‘Woos', ‘OBE' or ‘OBE' other than representative goods of the trademark, and the sales price of each product does not exceed KRW 3,40,000, and the profits that the defendant can obtain by using the respective products is not much much, and the defendant does not have any criminal record other than a fine and a fine related to traffic, in particular, there is no criminal record other than a fine for violation of the Trademark Act, and there is no specific criminal record, and since trademark infringement goods at the time of detection are confiscated, there is a high possibility of recidivism in the future.

In addition, it is not visible that the defendant reflects the defendant's mistake in depth, and the age, sex, and family relationship that should be supported.