The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

except that this judgment.

1. Progress of the instant lawsuit and scope of the trial of the instant court

A. The Prosecutor indicted the Defendant against the violation of the Trademark Act, the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter “B”), and charged the Defendant with the violation of the Trademark Act. The lower court found the Defendant guilty of all the facts charged, and sentenced the Defendant to a fine of KRW 30 million, including the suspension of execution, 4 years in June, 200.

(2) Although Defendant and B filed an appeal against the lower judgment on the grounds of mistake of facts, misunderstanding of legal principles, and unreasonable sentencing, the lower court dismissed all the appeals filed by Defendant and B prior to remand.

(3) Defendant and B filed an appeal against the judgment of the court before remanding the above case. The Supreme Court rejected Defendant and B’s appeal with respect to the violation of the Trademark Act on February 14, 2019 on the ground that it is groundless, but the Defendant’s appeal on the part of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) was accepted on the ground that there was an error of law by misunderstanding the legal principles on the intent of unlawful acquisition and the burden of proof required for establishing the crime of occupational

Therefore, the part of the judgment on the defendant in the judgment prior to remand is entirely reversed, and the Supreme Court rendered not guilty as such, and the part on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and the part on the violation of the Trademark Act (the part on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes) are concurrent crimes under the former part of Article 37 of the Criminal

B’s appeal was dismissed.

B. The scope of the trial in this court (1) part of the judgment of the court prior to remand against the Co-defendant B, who was a co-defendant, is separate and finalized as the judgment dismissing B’s appeal.