Nevertheless, around August 8, 2016, the Defendant sold fake cosmetics (macream) on KRW 30,000, on which the trademark “Guisson 9comx” registered with the Korean Intellectual Property Office by Cuiss Korea, at the cosmetic sales store in Jung-gu Seoul, Seoul.

Accordingly, the defendant infringed the trademark right of the victim.

2. According to the evidence submitted by the Prosecutor to the judgment and duly adopted and examined by this Court, the fact that Cuerisson 9comx was held in order to sell fake cosmetics with the trademark "Guerisson 9comx" registered with the Korean Intellectual Property Office (hereinafter referred to as the "Guerisson 30,000 won") at the seller of cosmetics as stated in the facts charged by the Defendant is recognized.

However, the evidence submitted by the prosecutor alone is insufficient to recognize that the defendant had sold the above cosmetics with the knowledge that they were in possession of them, and there is no other evidence to acknowledge the above recognition or intention of the defendant.

Rather, the following circumstances acknowledged by the record: (a) the appearance of the above cosmetic sold by the Defendant is similar to that of the employees of Cres Korea Co., Ltd. to the extent that it is immediately difficult to confirm the appearance of the above cosmetic; and (b) the Defendant purchased 106 cosmetics from G Co., Ltd., a company that purchased and sells cosmetics from Puersson Global Co., Ltd. (Gusson 9comx), a company that purchased and sells cosmetics from Persson Global Co., Ltd. (the Defendant’s father-name).