The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal: The court below acquitted the defendant on the ground that the defendant's act of selling the clothing product which imitates the design of the island that the defendant had company as it is constitutes an act of confusion as to the subject of products under Article 2 subparagraph 1 (a) of the Act on the Prevention of Unfair Competition and the Protection of Trade Secrets (hereinafter "the Unfair Competition Prevention Act"), but the judgment below erred by misapprehending the facts and affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged is that the Defendant sells clothes while operating Internet clothes D at the Defendant’s house located in Sejong C and 1503 dong 1502.

From January 13, 2016 to March 15, 2016, the Defendant sold the clothing brand interest registration trademarks of the island in which the victim agreed to register the interest of the brand, and “MINE” designs of the “TIE POS PET POLN” and “MINE” products, and introduced, at the same time, the Defendant placed an advertisement, such as TIE POS POS PPE POLNN, and L/D, “TNNN” with respect to the clothing,” “TIE n/ D, in addition,” “TIE n.e., Tr., Trheat C/D,” and “TIER l. S. S. S. S. S. S. n. S. S. at the last time,” and introduced S. S. S. S. S. S. S. S. S. S. S. S. n. n.

The high-class Ack-class Ack-based Ick-based Ick-based Ick-based Ick-based 460,000 won of store, 140,000 won of store sold in the Internet shopping mall,” and “Ick-in Ick-based Ick-based Ick-based Ick-based Ick-based Ick-based Ick to the extent that I would like to compare Ick-based Ick-up

The notice posted a description of goods, such as “.........”

As a result, the defendant used the same or similar mark as the mark indicating the victim's goods widely known in Korea to confuse the defendant's will with the goods of the damaged person by using the Internet advertisement and sale.

B. The lower court’s judgment held that, on the following grounds, the article produced by the Prosecutor alone with the evidence presented by the Prosecutor is sold and sold.