The defendant shall be innocent.

1. The summary of the facts charged is a person who sells films at a store No. 78 of Jung-gu Seoul Metropolitan Government, Jung-gu, 3, 78.

No one shall deliver, sell, forge, imitate or possess a trademark identical or similar to the registered trademark of another person for the purpose of using or making another person use such trademark on goods identical or similar to the designated goods.

Nevertheless, at around 15:30 on October 26, 2017, the Defendant infringed another person’s trademark right registered with the Korean Intellectual Property Office by displaying and storing six points of clothes, bags, originals, and labels, which are identical or similar to another person’s registered trademark, without permission, as indicated in the list of crimes in the attached crimes, in Jung-gu Seoul Special Metropolitan City, 3:78, Jung-gu, Seoul Special Metropolitan City, for the purpose of sale, as shown in the list of crimes.

2. The determination of whether another person's registered trademark is used for goods identical with or similar to the designated goods constitutes an act infringing another person's trademark right. However, even in the case of using another person's registered trademark, it cannot be deemed an act infringing another person's trademark right if it is not for the purpose of indicating source, which is the essential function of the trademark, and thus, it cannot be deemed an act infringing another person's trademark right. In order to determine whether it is being used as a trademark, the determination should be made by taking into account the relation with the goods, the mode of use of the relevant tag (i.e., the location, size, etc. indicated on the goods, etc.), the well-knownness of the registered trademark, the user's intent, and the process of use, etc., and the following circumstances revealed in the records (Supreme Court Decision 2002Do3445 Decided April 11, 203). In other words, the defendant sells signboards "D" rather than the seller of clothes or bags.