The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Of the facts charged against the mistake of facts, the part on violation of the Trademark Act No. 1 stated in the list 1 of the crime sight table (the part on the trademark right holder’s trademark right) (the part on the trademark right holder’s trademark right) was supplied and sold after hearing the Defendant’s awareness that the F, who supplied the Defendant with the door at the time of the instant case, used the door of “J” the trademark and the shape of “eight-eight” that completed the trademark registration and the design registration. Thus, the Defendant did not have awareness of the crime committed or illegality

Of the facts charged, the part of the violation of the Customs Act is that F, on behalf of the defendant, has reported falsely as stated in the facts charged, and the defendant was not involved in the F's such act at all.

Nevertheless, the judgment of the court below which found the above facts charged guilty is erroneous by misunderstanding each fact, which affected the conclusion of the judgment.

B. The sentence of the lower court on the assertion of unfair sentencing (two years of imprisonment with labor for a period of ten months suspension, confiscation, and collection) is too unreasonable.

2. Determination:

A. In a case where Defendant was indicted on charges of violating the Trademark Act by selling or displaying for sale products bearing a pattern similar to the figure trademark, which was applied for registration by the injured party Gap, the circumstance where the Defendant’s wife obtained design registration for the pattern, which is the Defendant mark, constitutes “use of the trademark,” and thus does not interfere with the conclusion that the use of the Defendant mark constitutes trademark infringement.

(See Supreme Court Decision 2010Do15512 Decided March 14, 2013). The following circumstances acknowledged by the legal doctrine as seen earlier and the evidence duly adopted and examined by the lower court and the lower court, namely, the so-called “8 door” and the trademark right holder’s “cop and seal”, which are shown in the sequence 1 of the crime sight table 1.