All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below which found Defendant A guilty of the facts charged against Defendant B, even though he did not have any intention to infringe the victim’s right to use the trademark of this case, because Defendant B knew that he had the right to use the trademark of this case and sold the trademark of this case.

B. Defendant B sold inventory goods that had been lawfully produced under a consignment production and sales contract with D, and not only knew that the consignment production and sales contract with D had been terminated, but also did not have the condition that he would not sell inventory goods after the termination of the contract. Therefore, the judgment of the court below which found Defendant B guilty of the facts charged against the Defendant, even though he did not have any intention to infringe the victim’s right to exclusive use the trademark after the termination of the contract, is erroneous and adversely affected the conclusion of the judgment

2. Determination

A. According to the evidence duly admitted and examined by the lower court, the following facts are recognized.

1) By January 31, 2013, D Co., Ltd. (hereinafter “D”) had a domestic monopoly right to sell designated goods verbally with respect to “E (trademark registration number: F, trademark right holder: F, trademark right holder: G; hereinafter “instant registered trademark”) registered with the Korean Intellectual Property Office as a trademark.”

2) Around January 4, 2012, P and D entered into an entrustment production and sales contract with the content that P and D would produce products using the instant registered trademark and sell them at D stores.

Around October 2012, Defendant B, who operated a verbal wholesaler with the trade name of one Part “J”, succeeded to the P status as to the above contract between D and P.

3) On May 6, 2013, the victim H Co., Ltd. (hereinafter “victim”) registered an exclusive license to use the registered trademark of this case with respect to the designated goods, such as leather, etc.

4) D’s instant case.