The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Error of facts or misapprehension of legal principles: (a) the Defendant created a design similar to the victim’s design without knowing the victim’s design registration; and (b) the Defendant had no intention to infringe the victim’s design right.

(2) The scope of rights may not be recognized as a design registered by a victim because the design has been publicly known or publicly worked inside or outside the Republic of Korea at the time of the application.

Therefore, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. (1) According to the evidence duly admitted and examined by the lower court, the part of the allegation that the Defendant did not have any intention to infringe the victim’s right to design, which was erroneous or misapprehension of the legal doctrine regarding the assertion of mistake of facts or misapprehension of the legal doctrine, the Defendant from August 21,

9. Until the end, at the original retail store operated by the Defendant, the Defendant sold the original design similar to the design the victim registered in PF by filing an application for design registration, and the Defendant may recognize that the victim’s design was linked to clothes, cosmetics, etc. using the victim’s design via broadcasts and the Internet, and that the design similar to the above design was manufactured by using the original design. According to the above recognized facts, the Defendant is working or preparing the design at the time of filing an application for design registration under Article 50 of the former Design Protection Act (amended by Act No. 11848, May 28, 2013) of the non-exclusive license granted for prior use under the Design Protection Act (amended by Act No. 11848, May 28, 2013) without knowledge of the design claimed in the application for design registration.