The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

The seizure of articles 1 to 1.

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (eight months of imprisonment).

2. The crime of this case is deemed to gain unjust profits by infringing the right of the trademark right holder, and simultaneously disrupt the market order at the same time. The estimation price of counterfeit goods of this case is reasonable, and considering the size of the crime, etc., the defendant's quality is not less than that of the defendant, but the defendant's failure to repeat again, and the defendant deposited a total of KRW 15 million for the trademark right holder who suffered from the crime of this case, and taking into account the circumstances before and after the crime of this case, the defendant's age, character and behavior, environment, family relationship, etc., and other circumstances that are the conditions of sentencing as shown in the records, the punishment imposed by the court below is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 93 of the Trademark Act; Article 30 of the Criminal Act; Articles 53-2 (1) and 33 (4) 1 of the Foreign Trade Act; Article 30 of the Criminal Act concerning facts constituting an offense;

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

1. Article 97-2 (1) of the Trademark Act that is confiscated;