A. Defendants 1) misunderstanding of facts or misunderstanding of legal principles, Defendant A, having been aware of and imported as legally produced inventory goods from the Republic of the Philippines factory that produces authentic products, and had been forged. Even if Defendant A knew that it was a forged trademark, each of the crimes of violating the Trademark Act committed by Defendant A is a single comprehensive crime. 2) The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.

B. The prosecutor (e.g., a fine of five million won) of the lower court is deemed to be too unhued and unfair.

2. Determination

A. As to the Defendants’ assertion of mistake of facts, 1) The following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the court below as to whether Defendant A knew that the trademark of this case was forged, i.e., Defendant A, while working as the head of the planning office of Defendant B, performed a duty to manage the selection and business of exporters and importers while working as the head of the planning office of the company B, Defendant A, who was located in the Philippines, was called “Ploph Pumren trademark” (hereinafter “instant trademark”).

(2) The Plaintiff: (a) imported Posts 4,102 and transferred them to G, who is the head of F’s operating office; (b) G sold or stored them in the Internet Open Market; (c) as a result of the Plaintiff’s appraisal of the instant Posts, the Posts were compared to the instant Posts; and (d) “3” identified as forged goods, such as “the location of the package is different from the good, and the package is different from the good,” and “the retail is not in compliance with the good standards (2,103,107 of the evidence of 2011 High Court Decision 545)”; and (c) Defendant A imported Posts 13,00 won per head of F’s Posts ($ 110,000 per head of F’s KRW 39,00 per head of the instant Posts; and (d) Defendant A sold at the price of all of the goods at the domestic level of 90,000 won.