The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. In relation to the part of innocence of facts, the victim I Co., Ltd. (hereinafter “victim Co., Ltd.”) was established not only for exclusive use, but also for the purpose of collecting claims by allowing not only the registered trademarks, but also the entire domestic and overseas export and import business related to MM, and thus, the business of D (hereinafter “D”) was transferred to the victim company.

B. The sentence sentenced by the lower court (eight months of imprisonment and two years of suspended sentence) is too unfasible and unfair.

2. Determination

A. As to the assertion of mistake of facts, the person charged with this part of the facts is prohibited from using any one identical or similar to the trade name, trademark, or container or package of goods of another person widely known in the Republic of Korea, or selling, distributing, importing, or exporting goods using such one, thereby causing confusion with the goods of another person. In particular, the victim company becomes the “registration number J” in the original indictment of registration number X from February 6, 2009 to April 30, 2013, but it seems that the victim company is a clerical error in the “registration number X”.

Notwithstanding the fact of occupational breach of trust, the Defendant granted a right to use the trademark of this case to N Co., Ltd. (hereinafter “N”) for an exclusive use of the trademark (hereinafter “the trademark of this case”), and had N manufacture and sell the total amount of KRW 1,681,919,280 from November 17, 2012 to March 22, 2013, as stated in the judgment of the court below, the instant finished products with the trademark of this case were sold to N from November 17, 2012 to March 2, 2013.

Accordingly, the Defendant, as seen above, had N manufacture and sell the canned picture bearing the instant trademark registered with the victim company widely known in the Republic of Korea.