The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. The summary of the grounds for appeal (the factual error) did not know the victim's registration of "D" as a service mark, and among the facts charged in this case, the part of the signboard outside the building was displayed under the understanding of the victim upon the victim's request by the victim as to whether the victim's economic situation is difficult, and the part of the signboard outside the building was displayed under the victim's understanding. ② The part of the photograph of "G" was left unattended because the defendant did not know that the photograph was posted on the above website, and the defendant did not intentionally infringe on the victim's service mark, the court below convicted all of the facts charged in this case. The court below erred by

2. Summary of the facts charged in this case and the judgment of the court below

A. On June 29, 2007, the injured party C filed an application for the registration of a service mark named D’ (hereinafter “D”) with the Korean Intellectual Property Office on the registration of the instant registered service mark on May 7, 2008, and completed the registration as registered E, designated service business No. 41, art guidance business, and art private teaching institute management business, etc.

The Defendant, while operating a private teaching institute for the purpose of art psychological treatment and education of “D” on the Seo-gu F and 8 Seo-gu, Daejeon, and around June 201, notified the victim of the existence of the registered service mark of this case and its infringement. However, the Defendant infringed the victim’s registered service mark by using the trade name or service mark of “D” similar to the registered service mark of this case for the same or similar service business as the designated service mark of this case as follows.

1) From July 5, 201 to October 8, 2011, the Defendant displayed the trade name or service mark of “D” on the retwit site signboard attached to the outer glass wall of the pertinent private teaching institute operated by the Defendant, as before. (2) The Defendant displayed the trade name or service mark of “D” in the previous manner on July 1, 201.