The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

1. Although the defendant did not commit a crime as stated in the facts charged, the court below found him guilty, and there is an error of mistake of facts.

2. Determination

A. Before examining the grounds for appeal of ex officio determination, Article 32(2) of the Criminal Act provides that “The punishment of the accessories shall be mitigated to less than that of the principal offender,” but the lower court cannot be maintained as it is because of an error of omission of statutory mitigation under the aforementioned provision in determining the punishment of the crime of aiding and abetting in violation of the Trademark Act against the Defendant.

However, the judgment of the court below is reversed ex officio as above.

Even if the defendant's assertion of mistake is still subject to the judgment of this court, it is examined.

B. According to the evidence duly admitted and investigated by the lower court regarding the Defendant’s assertion of mistake of facts, it is sufficient to find the Defendant guilty of all the charges of this case.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act on the ground of ex officio reversal, and it is again decided as follows.

[C] The Criminal facts and the summary of evidence against the defendant recognized by the court are identical to the corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions and Articles 276(1)4 and 241(1) of the former Customs Act (Act No. 11121), Article 30 of the Criminal Act, Article 93 of the Trademark Act, Article 32(1) of the Criminal Act, the selection of fines for an offense

1. Articles 32(2) and 55(1)6 of the Criminal Act for aiding and abetting and mitigation (with respect to the crime of aiding and abetting in violation of the Trademark Act)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Criminal Act to attract a workhouse;