상표법위반
All appeals by the Defendants are dismissed.
All the costs of the lawsuit by the original instance and the party shall be borne by the Defendants.
1. Summary of grounds for appeal;
A. Regarding the misconception of facts or misapprehension of legal principles as to the defendants' violation of the Trademark Act, since the franchise agreement with F Co., Ltd. is not a franchise agreement, but the defendants at the time of the instant case had legitimate authority to use the registered service mark of this case based on the above franchise agreement, the defendants' act does not constitute a requisite of violation of the Trademark Act, and at the time, the defendants B applied for the trademark "N", "H", and "O", and thus, the defendants' intent to commit a violation of the Trademark Act cannot be recognized, the judgment below which convicted the defendants of this part of the facts charged
Defendant
As to the violation of the Unfair Competition Prevention and Trade Secret Protection Act in B, the "F" as of 2012, which was at the time of the instant case, is not only known as a trade name, but also cannot be viewed as a trade name similar to the "H" of the Defendant B, the judgment of the court below which found the Defendant guilty of the facts charged in this part is erroneous in the misapprehension of legal principles
B. The punishment of the lower court on the Defendants (Defendant A: a fine of 1,500,000 won, Defendant B: a fine of 4,000,000 won) is too unreasonable.
2. Determination
A. As to the assertion of misunderstanding of facts or misapprehension of legal principles, the Defendants alleged the same assertion in the original judgment, and the lower court rejected the above assertion by providing a detailed statement on the determination under the title "the judgment on the argument of the Defendant and the defense counsel". In line with the above judgment of the lower court, the judgment of the lower court is justified, and it does not seem that there was an error of misunderstanding of facts or misunderstanding of legal principles in
Therefore, we cannot accept this part of the Defendants’ assertion.
B. The Defendants’ assertion of unfair sentencing is subject to the judgment of the lower court.