beta
Text
The judgment of the court below is reversed.
The defendant shall disclose the summary of the judgment of innocence against the defendant.
Reasons
1. As to the violation of the Unfair Competition Prevention and Trade Secret Protection Act among the facts charged in the instant case, the court below found the Defendant not guilty of each of the facts charged in the instant case by misunderstanding the facts or misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment, in view of the following: (a) as to the violation of the Unfair Competition Prevention and Trade Secret Protection Act among the facts charged in the instant case, the Defendant was installed easily on the wall side of the entrance of the store and the publicity advertisement; and (b) the above store was also an open-type structure that can easily see the above signboards outside the open-type structure; and (c) as to the violation of the Trademark Act, it is sufficiently recognized that ordinary consumers might be mistaken for the above store as a domestic authorized agency at the age of the above store; and (d) even if
2. Determination
A. We examine ex officio prior to the grounds for appeal by the prosecutor ex officio, and in the trial of the court, the prosecutor applied for changes in the indictment against the defendant as stated in Section B below, and since this court permitted it, the judgment of the court below is no longer possible to maintain it. However, the prosecutor's assertion of mistake of facts and misapprehension of legal principles as to the facts charged in this case is still subject to the judgment of the court below. Thus, we examine them.
B. The summary of the revised facts charged is a person who sells a well-known brand, clothes, caps, etc., such as the following: (a) the Defendant is a person who sells a well-known brand, clothes, hats, etc., such as the trade name and height of “E” from approximately 10 square meters in the area of approximately 51
An act of causing confusion with another person's business facilities or activities by using any one identical or similar to the name, trade name, or emblem of another person widely known in the Republic of Korea, or any other mark indicating another person's business.