The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. (1) misunderstanding of the legal doctrine (1) Article 2 of the Abnormal Justice is a business that acts as an agent for the Korean Intellectual Property Office or courts with respect to the matters pertaining to patent, practical design, design, or trademark and carries out appraisal and other work.

“Other affairs” here should be interpreted as including criminal and legal services for infringement of patents, etc., and therefore, it does not constitute acts prohibited under Article 109 subparag. 1 of the Defense Justice Act to file a criminal complaint with an investigative agency against infringement of patents, etc. on behalf of a victim.

(2) A patent administrator under Article 5 of the Patent Act is in a position similar to a legal representative with comprehensive power to exercise a patent right after patent registration as well as an application and registration of a non-resident. Since the defendant is designated as a patent administrator of a non-resident pursuant to Article 5 of the Patent Act, the defendant is a person designated as a patent administrator of a non-resident pursuant to Article 5 of the Patent Act. Thus, the "legal representative of the victim" is a legitimate authority to file a complaint against the infringement of a patent right domestically pursuant to Article 225(1) of the Criminal Procedure Act.

Therefore, the filing of the instant complaint by the Defendant as a patent administrator does not constitute an act prohibited under Article 109 subparag. 1 of the Defense Justice Act.

B. The sentence of the lower court (an amount of KRW 3,00,000) that is unfair in sentencing is too unreasonable.

2. Determination

A. (1) First, we examine whether the act of infringement of patent, etc. is criminal and the act of representation is included in the scope of a patent attorney’s business under Article 2 of the Transitional Justice Act.

The lower court, in civil cases such as a claim for prohibition of infringement or a claim for damages, which cause infringement of patents, etc., is not allowed to act as an agent for a legal counsel, and in Article 2 of the Abnormal Judicial Act, the patent attorney is “patent office or court”.