For the reasons indicated in its holding, the lower court determined that all of the charges of this case against the Defendants were guilty on the ground that the Defendants’ use of the domain name address and web page marks similar to the registered trademark of the Educational Broadcasting System widely known in Korea constitutes an act of infringement on the trademark rights of the Educational Broadcasting System and an act of unfair competition under Article 2 subparag. 1 of the Unfair Competition Prevention and Trade Secret Protection Act, which constitutes an act of unfair competition under Article 2 subparag. 1 of the Educational Broadcasting System Act, and the Defendants

The judgment below

Examining the reasoning of the lower judgment in light of the relevant legal doctrine and the evidence duly admitted by the first instance court, the lower court’s determination is justifiable. Contrary to the allegations in the grounds of appeal, the lower court did not err by either violating the Supreme Court precedents on trademark use, or failing to exhaust all necessary deliberations, thereby adversely recognizing facts beyond the bounds of the principle of free evaluation of evidence,

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed, and thus, in this case where a fine has been imposed against the Defendants, the argument that the punishment is too unreasonable is not

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.