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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds of appeal is as follows: D Co., Ltd. (hereinafter “victim”) made using the pattern of susphian TBU test (hereinafter “the instant mobile phone case”) obtained widely known and widely known to the Republic of Korea as a unique design; while the Defendant, in manufacturing the instant mobile phone case similar to the instant mobile phone case, could sufficiently be recognized that there was confusion as if the Defendant was a mobile phone case manufactured by the Defendant by indicating the publicity phrase used in the advertisement at the same time, the lower court acquitted the Defendant of the instant charges on the ground that there was no knowledge of the instant mobile phone case, or erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
2. Determination
(a) No person who is a summary of the facts charged shall use another person's name, trade name, trademark, or container or package of goods, or any other mark identical or similar to a mark indicating another person's goods, which is widely known in the Republic of Korea, or sell, distribute, import, or export goods using such a mark to cause confusion with another person's goods;
The defendant is the representative director of C Co., Ltd. engaged in the business of manufacturing parts related to electronic communications, and the victim is a company engaged in the business of manufacturing and selling mobile phone cases and malicious music.
The victim made a mobile phone case using a simple susphical timber as a material, used a publicity phrase "F" from around 201 to publicize the product. On September 19, 2012, the Korean Institute of Knowledge Economy and the Korea Institute of Design have been selected as an excellent design product under the name of "G".
The Defendant, from July 2013 to January 2014, at C office located in Seongbuk-gu Seoul Metropolitan City H building C Dong 1931 of the Sungnam-si, the Defendant, as the victim, made the pattern of satis.