No person shall possess goods identical with or similar to designated goods on which another person's registered trademark or any other trademark similar thereto is marked for the purpose of transfer or delivery.

Nevertheless, the Defendant purchased approximately KRW 2,50,00,00 from Apr. 23, 2014 to May 21, 2015, 201, the Defendant purchased 250,000,00 from G, the flaps of the nine species similar to the former flapsing of the nine species, such as the former flaps, “B” from G, and possessed them for sale or distributed them to customers.

As a result, the Defendant, as a trademark holder, infringed the trademark right of the said trademark right holder, such as the list of crimes (hereinafter “crime list”), by possessing and distributing for the purpose of sale as if he was a spawn directly produced by the brand company of the nine kinds of overseas scenic items, such as “Gut,” etc.

2. Determination

A. In a criminal trial, the burden of proving the facts constituting an offense prosecuted is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value, which makes a judge sure that the facts charged are true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it is inevitable to determine the defendant as the benefit of the defendant (see, e.g., Supreme Court Decision 2013Do10316, Jan. 16, 2014).

1) The Defendant purchased an import declaration from G, such as the entry in the list of crimes (hereinafter referred to as “the instant security”) from G, and received the certificate of completion of the import declaration.