The defendant shall be innocent.

1. On July 2013, the Defendant: (a) had the intent to import and sell forged search boxes (TOms) manufactured in China at the request of a local shipbuilding yard in China; (b) had the forged search depot 986,00 square meters (33,338 won on an emergency) loaded onto the Chinese War D, and submitted a cargo list in the name of “E stone company” operated by the Defendant on September 11, 2013; and (c) carried them into Busan Port on September 12, 2013.

Accordingly, the Defendant violated the trademark right of the said trademark owner by using the search license trademark registered with the Korean Intellectual Property Office without legitimate authority.

2. Determination

A. Since the infringement of trademark rights under Article 93 of the Trademark Act is an intentional crime, it is necessary to recognize the fact that the defendant is a forged article in the process of importing the above new article.

B. However, in light of the following circumstances acknowledged by the record of the instant case, the evidence submitted by the prosecutor alone is insufficient to acknowledge that the Defendant had the intention of trademark infringement, and there is no other evidence to acknowledge it.

1) While the Defendant, while operating a stone company, imported stone and almon tape (parts used as saws of the tools cutting the stone) from F residing in the Chinese territory, the Defendant brought an action to F as a matter of the quality of almond preserving the stone, which is the quality of the almon tape. F recommended the Defendant to “to introduce to the Defendant a person who will supply the alphical trust in a less supply of the alphical trust” in order to meet this, and the Defendant, on August 2013, after having confirmed the “producer’s authorization” (No. 55 of the Investigation Records) that directly left China and issued the local factory side with F as well as at the head office of the search site, was imported from the instant search site 986 mar. 2).