No one shall produce, transfer, lend, export, or import another person's registered design or any product similar thereto as business, or offer to assign or lease such product.

Nevertheless, from May 27, 2019 to July 31, 2019, the Defendant sold a product identical or similar to a bank (design registration number F) registered with the Korean Intellectual Property Office by the victim E through the said “C” store and social network service Kakao (D), thereby infringing the victim’s design right.

2. Determination

(a) Applicable provisions of Acts to charges: Article 220 (1) of the Design Protection Act; and

(b) An offense subject to prosecution on complaint: Article 220 (2) of the Design Protection Act.

C. Revocation of complaint: On November 26, 2020, the victim, after the prosecution of this case, expressed his/her intention to revoke the complaint against the defendant.

(d) Judgment dismissing public prosecution: Article 327 subparagraph 5 of the Criminal Procedure Act;