The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The summary of the grounds for appeal is that the court below erred by misapprehending the legal principles as to the facts charged in this case, even though the defendant did not know the existence of patent rights to D and E with respect to the manufacturing method of the charcoal in this case, and did not intend to infringe patent rights by importing the charcoal in this case.

2. Determination

A. In the case of an invention of process under the facts charged of this case, no act of producing, assigning, leasing, importing, or offering for assigning or leasing articles used exclusively for working such a process shall be allowed.

The victim D and the victim E, who jointly inventions the "F", was established and registered with the Korean Intellectual Property Office (Patent G), and manufactured goods by the patented method in the local H H Limited Corporation in China, and supplied them to the Republic of Korea.

Nevertheless, on May 8, 2010, the Defendant prepared a joint statement with I to directly import goods without the consent of the victims who are patentees at the above H H H LLC plant without permission. On the 29th day of the same month, the Defendant imported 432 boxes (the market price shall be equivalent to 26 million won) from the victims’ patent methods and sold the goods to J.

Accordingly, the defendant infringed the patent right of the victims.

B. The lower court determined that the Defendant’s assertion that there was no intention of patent infringement on the grounds that the Plaintiff was unaware of the patent registration date of the instant charcoal, and that there was no intention of patent infringement. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, ① the Defendant traded the instant charcoal with D, the patentee, etc. for a considerable period from around 2009 (D stated that the patent right of the instant charcoal was notified to the Defendant) and the Defendant was granted a non-exclusive license on December 10, 2009 from D, the patentee of the instant charcoal.