The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant is a person who engages in clothing export business under the trade name of “E” in Article 504 of the Seoul Jung-gu D Building Act.

From May 27, 2012 to March 18, 2014, the Defendant operated Internet shopping mall H, which sells the victim’s products to Chinese nationals similar to the Internet shopping mall G operated by the victim F, posted without permission photographs of the victim’s clothes model, props, etc. taken by the victim’s copyright. From October 15, 2012 to April 4, 2014, the Defendant infringed the victim’s property right by distributing the victim’s products DB without permission, including photographs of the victim’s clothes model, props, etc. taken by the victim’s copyright, from October 15, 2012 to April 4, 2014.

2. Determination

A. In a criminal trial, the burden of proof for the facts constituting an offense prosecuted is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant.

(See Supreme Court Decision 2006Do735 Decided April 27, 2006, etc.). B.

According to the evidence duly adopted and examined by this court, the defendant was indicted and convicted of the infringement of the author's property right by opening the Internet shopping mall J and K (hereinafter collectively referred to as "previous website") that sells the victim's products to China around November 1, 201 and December 2, 201, and posting the victim's pictures on the victim's website (Seoul Northern District Court Decision 2013DaDa412, Seoul Northern District Court Decision 2013No163, hereinafter referred to as "previous case"), and the previous homepage of the case.