The defendants' appeal is dismissed.

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the legal doctrine or by misapprehending the legal doctrine, which found the Defendants guilty.

1) The design No. 1 of the design registration number I among the instant design is F (hereinafter “F”).

(2) On May 8, 2009, the above similar design is identical to the design of lighting fixtures already supplied to L Model Bas. Thus, the above similar design is an already publicly known design and does not fall under the scope of the design right. 2) The joint owner of the design of this case expressed his intent that F, a joint owner of the design of this case, would give up the design right to K Co., Ltd. (hereinafter “K”) at the time of participating in the tender of lighting fixtures for the above main complex building. Since the victim is closely related to F to F to the extent that F, to the extent that F, is to be used by obtaining some of the F factories, the victim should also be deemed to have given up the design right by implied or Roman.

3) Defendant A had already known that the initial victim was the right holder of each of the above designs, and he was aware of the parts of the license, etc. supplied to K and ordered the said parts of the license, etc., and there was no intention to infringe each of the above design rights. However, there was no intention on the infringement of each of the above design rights. The punishment sentenced by the lower court against the Defendants (a fine of five million won is too unreasonable).

2. Determination

A. Comprehensively taking account of the evidence duly examined and adopted by the lower court as to the assertion of mistake of facts and misapprehension of legal principles, G and F filed an application for design registration with respect to the registration number H and registration number H similar1 on October 29, 2008, and registered on August 18, 2009, G and F filed an application for design registration with respect to registration number I on October 28, 2008, and registered on August 18, 2009, and registered on May 13, 2010, and registered on December 1, 2011 by Defendant A submitted for design registration with respect to registration number I similar to that of H in the instant construction site.