Defendants are not guilty.

1. The summary of the facts charged shall not run the registered design for business purpose or any similar design by infringing on the registered design right or exclusive license of another person;

A. Defendant A, around May 4, 2015, at F, operated by the Defendant No. 408, Jung-gu, Seoul, Seoul, the Defendant infringed the victim’s design right by selling the victim’s G, without any legitimate authority, scarp two in the same shape as the design (design registration number: H) registered with the Korean Intellectual Property Office.

B. Defendant B, around May 4, 2015, at the first operated by the Defendant of Seoul Jung-gu E commercial building D. 70, Defendant B, without legitimate authority, sold the victim G to the Korean Intellectual Property Office (design Registration Number: H) the same shape as design registered with the Korean Intellectual Property Office (Design Registration Number: H) and infringed the victim’s design right.

2. Determination

A. If a registered design is identical or similar to a design publicly known or worked in the Republic of Korea or in a foreign country prior to the filing of the application, or a design published in a publication published inside or outside the Republic of Korea prior to the filing of the application, the scope of the right cannot be recognized even without a trial decision invalidating the registration. As to a registered design whose scope of right is not recognized, the product of the same design as the registered design is produced and sold (see Supreme Court Decision 2008Do3797, Sept. 25, 2008, etc.). (b) The following circumstances acknowledged by the record of the instant case are as follows: (i) the complainant filed an application for registration with the J Korean Intellectual Property Office for the registration of the design of the instant Switzerland, and (ii) the scarf photograph of the design similar to the instant scarf design is identical to the scarf design of the instant case on April 2014 prior to the filing of the application for registration; and (iii) the registration model of the instant women’s pictures similar to the instant design.