All of the appeals by prosecutors are dismissed.

1. The decision of the court below which acquitted the trademark holder on the ground that the goods mentioned above Nos. 1 through 4, and 6 are produced more goods than the quantity permitted by the trademark holder and imported more in Korea, and that the goods mentioned above Nos. 5 of the crime list do not constitute goods and thus, the trademark right of the trademark holder is infringed. The decision of the court below which acquitted the trademark holder on the ground that it constitutes a case where there is no proof of a crime against the facts charged in this case even though the trademark right of the trademark holder was infringed,

2. Determination

A. Article 93 of the Trademark Act provides that "any person who commits an infringement on the trademark right and exclusive license shall be punished by imprisonment for not more than seven years or by a fine not exceeding 100 million won." Article 97 of the same Act provides that "an act deemed an infringement" shall be punished by the joint penal provisions of a corporation, and Article 66 of the same Act provides that "an act which is deemed an act to be an infringement" shall be punished by Article 93 (1) 2 of the same Act."

According to the evidence duly adopted and examined by this Court and reference materials submitted by the Defendants, ① Company B (hereinafter “Defendant Company”) was established for the purpose of scarf, KON, and the manufacture and sale of hand-on, etc., and operated scarf manufacturing factory in China. ② The Defendant Company produces scarfs in the form of OEM upon order by the owner of the trademark right, etc.; ② the scarfs in the attached list of crimes (hereinafter “Scarfs in this case”) are the so-called so-called “M” products additionally produced in consideration of defects or losses; ③ the trademark right holder is the so-called scarfs in the attached list of crimes, ③ Nos. 1, 2, 3, 4, and 6.