All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. Defendant A was registered by the victim E, and posted or sold a design product related to the same or similar design as the design for which the R Co., Ltd. had the right to use (hereinafter “each design of this case”). However, among each design of this case, ① the design registration number J-1 (hereinafter “J design of this case”) is a design already distributed in the time prior to the application, and ② the design registration number K cannot be said to be a design like the “S” product sold by Defendant A, and the design registration number K is a design which Defendant A had already imported from a foreign country and sold at the time when it had already been imported from the foreign country, and ③ the design registration number I and the design registration number M are merely a product purchase from R Co., Ltd. and sale.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case. The lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The lower court’s sentencing (the Defendant: a fine of KRW 1.5 million for each of the 1.5 million) is too unreasonable.

2. Determination

A. On May 2, 2011, the Korean Intellectual Property Trial and Appeal Board rendered a trial decision that the registration of the instant T-Design should be invalidated since the design registered by Defendant B (Design Registration Number T) against the Defendant Company B is similar to the J design of the instant case that the victim had first been registered. On May 2, 2011, the Korean Intellectual Property Trial and Appeal Board filed a trial decision that the registration of the instant T-Design should be invalidated (Patent Trial and Appeal Board 2010Da2195), and Defendant B filed a request for revocation of the said trial decision with the Patent Court, but the Patent Court filed a request for revocation on October 13, 201, the instant T-Design registered by Defendant B.