The defendant shall be innocent.

1. The summary of the facts charged is a corporation established for the purpose of manufacturing and selling functional health foods, and C is an employee of the defendant in charge of the designation of the name of the product, legal review, product notification, and request for advertisement deliberation.

No one shall engage in any unfair competition that causes confusion with another person's goods by using any one identical or similar to another person's name, trade name, trademark, container or package of goods, or any other one widely known in the Republic of Korea as one indicating another person's goods, or by selling, distributing, importing, or exporting goods using such one

Nevertheless, around December 31, 2013, at the A marketing headquarters located in Seongbuk-gu, Seongbuk-si, Sungnam-si, at the request of the Defendant E, a customer company, C has trademark rights (trademark registration number G) with respect to the health functional foods of bank leaf products in the process of production. The name of the above health functional foods is designated as "I" using the same trademark as the trademark widely known in the Republic of Korea, using the same trademark as "H", and the final decision was made by the Daejeon Regional Food and Drug Administration after undergoing the procedure for reporting the manufacture of health functional foods from the Daejeon Regional Food and Drug Administration, and then the Defendant's manufacturing facilities supplied 3042 products of "I" (supply price 22,206,60 won) to E on January 31, 2014.

Accordingly, C, an employee of the defendant, committed an act of violation as above in relation to the defendant's duties.

2. The fact that the defendant and his defense counsel's employees engaged in the act identical to the above facts charged is acknowledged, but the victim's H trademark is not widely known in the Republic of Korea, and the above act does not constitute an unfair competition act under Article 2 subparagraph 1 (a) of the Unfair Competition Prevention and Trade Secret Protection Act.

3. Determination

(a) The mark indicating another person's goods under subparagraph 1 (a) of Article 2 of the Unfair Competition Prevention and Trade Secret Protection Act is domestically located;