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The prosecutor's appeal is dismissed.
Reasons
1. The court below rendered a judgment of not guilty of all the charges of fraud, obstruction of business, and violation of the Trademark Act against the defendant, and the prosecutor appealed against this part only in violation of the Trademark Act.
Therefore, since the above fraud and obstruction of business were separated and confirmed to the extent of the appeal period, the scope of the judgment of this court is limited to the part of the judgment of the court below against the defendant.
2. The summary of the grounds for appeal (misunderstanding of facts as to the violation of the Trademark Act) stated that the Defendant imported the instant goods collectively from the “I”, and according to the result of the fact inquiry by the court of the original instance on the OO of the patent firm, the said goods were appraised as a pro rata, and it is recognized that the said goods were a pro rata.
Furthermore, in light of the fact that the Defendant stated that the above goods may be used as household goods, and that the Defendant imported the said goods from “I” without knowledge of the identity thereof, it is recognized that the Defendant violated the Trademark Act by infringing H’s trademark right.
Therefore, it is illegal for the court below to render a judgment of innocence without hearing that the defendant independently committed a crime of violating the Trademark Act.
3. Determination on the grounds for appeal
A. The summary of the facts charged in this case in the judgment of the court below is that "the defendant, in collusion with co-defendant A of the court below, supplied the forged H products to C as if he was a good, thereby hindering C's electronic commerce business, fraudulently taking money from his customer, and infringed H's trademark right."
In regard to this, the court below, first of all, finds it difficult to believe that the subject matter is merely a part of the whole and the basis for determination is not presented, and other evidence submitted by the prosecutor alone is a good.