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The prosecutor's appeal is dismissed.
Reasons
1. The "Liurisung Project Convention" concluded between the defendant and the patentee and the F is null and void as it was lawfully terminated or cancelled prior to the occurrence of the patent infringement of this case. Thus, the patent infringement of the defendant is recognized.
Nevertheless, the lower court acquitted the Defendant of the instant charges by misunderstanding the facts against the rules of evidence.
2. Determination
A. The summary of the facts charged is the representative director of C Co., Ltd., a specialized distribution company for the death of remains.
At around 14:00 on April 16, 2013, the Defendant held a “E” business explanation session in Chapter 1 of the first floor of the Songpa-gu Seoul Center, Songpa-gu, Seoul, at which F, a patentee, had infringed the said F’s patent right by demonstration of H’s commercial method, which is the manufacturing method of melted F, which is the manufacturing method of the F, a patent applicant, to the Korean Intellectual Property Office (registration number: G).
B. In full view of the statement of the defendant in the second trial record, the police interrogation protocol against the defendant, the police interrogation record of the police statement against F, the patent certificate, the holding advertisement of the business presentation session, and the subway advertising photographs, the fact that F registered the establishment of H with the Korean Intellectual Property Office (registration number G) as an invention of the manufacturing method of I remains as an invention of the manufacturing method of I remains, and the defendant held the business presentation session at the time and place indicated in the facts charged, while holding the "E" business presentation, it can be recognized that part of H under the manufacturing method of the above convergence decision body.
However, comprehensively taking account of each of the above evidence and the letter of an additional agreement, and some of the written notifications of termination of the contract (e.g., e., this paper), the Defendant granted the Defendant with all business rights, such as the recruitment of branch offices, establishment of direct management stores, and membership recruitment using all intellectual property pertaining to the “Tule-type technology,” and the Defendant pays F KRW 50,000,000,000,000,000,000,000,0000,0000,000,0000,000,000,000,00