The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

1. The judgment of the court below which acquitted the Defendant of the facts charged of this case on the ground that the Defendant, using the trade name of “F”, acquired the mutual recognition of the trade name, “G”, which is the trade name of “G” store (ju) H, was erroneous in the misapprehension of facts and adversely affected the conclusion of the judgment.

2. The summary of the facts charged is that the Defendant, from October 8, 2012 to December 2014, 2014, putting up a signboard “F” and operated a specialized restaurant with “G” indoors, thereby using trade name similar to “G”, the trade name of the (ju) H’s franchise store, which was widely known in the Republic of Korea, leading to confusion with its business facilities.

3. The lower court, while recognizing that the trade name “G” was a business mark protected under the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention Act”), committed an intentional act with the Defendant to commit an offense.

The lower court acquitted the Defendant of the instant charges on the ground that there is insufficient evidence to acknowledge it, and there is no other evidence to acknowledge it.

4. Determination on whether a deliberation was made

A. According to the evidence duly admitted and examined by the lower court, the following facts are recognized.

(1) From around 1999, PL used the trade name “G” to start the franchise business of a dedicated restaurant (hereinafter “instant franchise business”); Q transferred the franchise business to Q Co., Ltd. on or around May 8, 2008; Q transferred the franchise business to S Co., Ltd. on or around August 9, 2013; and S Co., Ltd transferred the goodwill and various rights under the Trademark Act to HA.

(2) The trade name of “G” was applied for I, and the J decided to register. At the time of the decision of registration, there were more than 20 member stores across the country.

(3) The said “G” member stores are located in the major business districts nationwide.