The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. According to the evidence submitted by the prosecutor of the gist of the grounds of appeal, the following facts can be acknowledged: (a) the pattern of the bank (hereinafter “the instant bank”) that the Defendant kept for sale is identical or similar to the registered trademark (hereinafter “the instant registered trademark”) of the company (hereinafter “the instant registered trademark”) on the cover of the luban urine, on the ground that the Defendant infringed the trademark right of the instant trademark on the instant registered trademark.

must be viewed.

Although the court below found the Defendant not guilty of the facts charged of this case, the court below erred by misapprehending the legal principles as to mistake of facts or infringement of trademark rights, which affected the conclusion of the judgment

2. Prior to the judgment on the grounds for appeal by the prosecutor's ex officio, the prosecutor applied for amendments to the indictment, which adds "No. 619587 of the trademark registration number" to the registered trademark infringed upon at the time of the trial. Since the subject of the trial was changed by this court's permission, the judgment of the court below was no longer maintained.

However, the prosecutor's assertion of misunderstanding the facts and misapprehension of the legal principles is still subject to the judgment of this court, despite the existence of the above reasons for reversal. Thus, the following is examined.

3. Determination of the Prosecutor’s misunderstanding of the facts and misapprehension of the legal doctrine

A. The summary of the facts charged is a person who operates an Internet shopping mall “D” operated by himself/herself from November 4, 201 to December 4, 2011.

On August 12, 2014, at around 16:00, the Defendant kept 133 points (a total market price of 3,298,40 won) in the same shape as “LOUS VITN (Trademark No. 619587, 619588),” a trademark for sale in the above warehouse, and infringed on each trademark right by keeping the registered trademark of “LOUS VITN”, a trademark of “LOIS VITN (Trademark No. 619588),” which is a trademark for sale in the above warehouse.

B. The change of the defendant and the judgment of the court below are the pattern of the instant bank.