The judgment below

Of the defendants, the part of the defendant is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

Of the facts charged in the instant case.

1. Summary of grounds for appeal;

A. As to the violation of the Trademark Act, the Defendant was unaware of the fact that there was a forged trademark attached to the gambling room transported by the Defendant.

Therefore, the defendant did not have an intention to infringe trademark rights, and the court below found the defendant guilty of this part of the facts charged, and the court below erred by mistake.

2) Legal principles were followed by the Defendant, at the time of the instant case, 36 stuffs were imported, and the boxes containing the forged trademark was 16 stuffs. Of them, a fine was imposed on the facts of violating the Trademark Act relating to 2 stuffs (265 Trts, and 20 Hkes) among them, and the judgment became final and conclusive [the Busan District Court Decision 2015 High Court Decision 5796, 6586 (Joint) Decided January 18, 2016]. The crime of violating the Trademark Act and the violation of the Trademark Act, which became final and conclusive by the fine, are deemed to be due to a single import, shall be sentenced to a judgment of acquittal as to the violation of the Trademark Act among the facts charged in the instant case.

B. As to the crime of aiding and abetting an offender, the Defendant did not know that the Defendant was containing a forged trademark on the gambling room transported by the Defendant, and thus, the Defendant did not constitute a crime of violating the Trademark Act.

Therefore, the defendant made a statement that he was the owner of the goods.

Even if the defendant was aware that he committed a crime subject to a fine or heavier punishment and did not request A to make a statement, the defendant did not have the intention to compel the criminal to do so.

Nevertheless, the court below found the defendant guilty as to this part of the facts charged, and there is an error of law by mistake.

2) Since the misunderstanding of legal principles also attempts to punish a crime that interferes with the judicial action of a criminal case, the crime is deemed to have been committed.

In order to do so, it constitutes an element of organization and is illegal and responsible as well as liability.