Nevertheless, around March 8, 2017, the Defendant, at the first floor of the Seoul Gwangjin-gu Seoul Special Metropolitan City, manufactured and sold Chinese food, such as drinking, to the above restaurant users, using the signboard referred to as "F," the same as "F, the trademark E" registered with the Korean Intellectual Property Office, which is the right to vote on the trademark and service of the victim, and infringed on the trademark rights of the complainant.

2. That the act of infringing the trademark right of another person's registration was completed before the trial decision invalidating the registration becomes final and conclusive.

Even if a trial decision invalidating the registration of a trademark becomes final and conclusive, the trademark right has never existed from the beginning, and such act cannot be deemed as an infringement of the trademark right (see Supreme Court Decision 93Do839, May 16, 1996). According to the evidence duly adopted and investigated by this court, the Intellectual Property Trial and Appeal Board (No. 2017) asserted the invalidation of the trademark of this case against the victim D as the Intellectual Property Trial and Appeal Board (No. 19999, Nov. 16, 2017).

Thus, the trademark right of this case was never nonexistent from the beginning and the defendant's act in this part of the facts charged cannot be viewed as an infringement of trademark right.

3. The conclusion is that this part of the facts charged does not constitute a crime, and thus, the acquittal shall be pronounced pursuant to the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment of the defendant shall be announced in accordance with Article 58(2) of the Criminal Act. It is so decided as per Disposition.