The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the service list of "C" formed by the defendant is very similar to the " Busan City Mayor Association," registered as the service list by the damaged association, which may cause confusion among general consumers. The defendant's "D" used as the main title of "D" may cause confusion as similar to the " Busan City Mayor," registered as a trademark by the damaged association. Thus, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment, even though the damaged association infringed on the service list and trademark right.

2. Determination

A. The lower court’s judgment: (a) the following circumstances acknowledged by the evidence duly adopted and examined; (b) the Defendant engaged in the designated service business using the service table of the victimized Association; and

It is difficult to readily conclude, ② The term “E” registered with the damaged association as a service label is the combination of the letters of the forest and the letters of “Man City”, “Si”, “Si”, and “Association”, and “Man City”, excluding the picture part, is the combination of ordinary masters, and “E” has no or weak distinctiveness by using the name “C” with the word “E” added to the word “E” in the body established by the Defendant, and at the same time combines the French or mountain shapes created by adding the word “E” to the word “E” on the front part, and the part with distinctiveness in the service slip registered with the damaged association is likely to cause mistake and confusion between ordinary consumers or traders.

The fact that it is difficult to see, 3. The " Busan City Mayor" registered as a trademark by the damaged Association is a person in the mountain or in the shape of Nowon-gu.