A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The Defendant is a person who sells clothes, etc. through Internet shopping mall “C”, Kakakaoto Ri” (import clothing expertise, Id: E) at the Defendant’s residence in Daegu Dong-gu B, 105 Dong-dong 1008.

1. On July 14, 2016, the Defendant infringed on the trademark right holder’s trademark right by carrying for the purpose of selling fake clothes, bags, etc. totaling KRW 54,776,00, a total price of 173,00, as indicated in the attached crime list 1, as indicated in the attached list 1, in which the trademark right holder’s “FDA” was attached to the Korean Intellectual Property Office under the trademark registration No. 040466, the trademark right holder’s trademark right was held for the purpose of selling fake clothes, bags, etc. with the trademark identical or similar to the “PDAA” registered under the trademark registration No. 040466.

2. On July 1, 2015, the Defendant sold 35,000 won (420,000 won at the fixed price) or Cheongbaba, on which the trademark right holder’s “C&C Gabab S.ABD” was registered with the Korean Intellectual Property Office under Article 0258024, from that time to July 1, 2015, the Defendant sold 35,000 won (or 420,000 won at the fixed price of goods) via the trademark right holder’s “C&D Gab Gaba” (E) to F, as indicated in the attached Table 2, from July 12, 2016 to July 12, 2016, thereby infringing upon the trademark right holder’s 5,865,000 won at the total price of the fixed goods as indicated in the attached list 2,154,365,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of seizure of each police;

1. Copy of financial transactions;

1. Details of the sale of forged or counterfeited items;

1. Application of the statutes of the original trademark register;

1. Article 93 of the former Trademark Act (amended by Act No. 14033, Feb. 29, 2016; hereinafter the same) and Article 93 of the former Trademark Act (amended by Act No. 14033, Feb. 29, 2016; hereinafter the same shall apply) regarding criminal facts,

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

1. The sentencing under Article 62(1) of the Criminal Act is as follows.