The defendant shall be innocent.

1. The Defendant is the actual operator of B Co., Ltd.

No person shall misrepresent another person's goods, or advertise or put a mark that leads any misunderstanding about the quality, content, manufacturing method, use or quantity of goods in any goods or advertisement thereof, or sell, distribute, import or export goods using such method or mark.

Nevertheless, the Defendant sold “C” at the Internet shopping mall site from May 9, 2012 to July 16, 2012, and sold goods by misrepresenting another person’s goods as if they were manufactured in “B” which the Defendant actually operated, even though the actual manufacture of the goods was “C” and the investigation was indicated as “stock company D”.

On May 28, 2013, the prosecutor changed the facts charged as above and applied for changes in the indictment to which Articles 18(3)1 and 2 subparag. 1(f) of the Unfair Competition Prevention and Trade Secret Protection Act apply, and the court permitted this.

2. The principle of no punishment without law requires that crimes and penalties be determined by law in order to protect individual freedom and rights from arbitrary exercise of the state penal authority.

In light of such purport, the interpretation of the penal law must be strict, and it is not permitted to expand or analogically interpret the meaning of the explicit penal law in the direction unfavorable to the defendant as it is against the principle of no punishment without law.

(see, e.g., Supreme Court Decision 2011Do7725, Aug. 25, 2011). Domination and “private name” refer to the act of falsely deceiving the name, occupation, status, etc., and the person assumes a false name under the common language law.

means to the extent that it belongs to a false person, what is not what is.

For example, a public official assumes the position of a public official.