If the defendant does not pay the above fine, it shall be KRW 100,000 per day.

The defendant is a person who engages in restaurant business under the trade name of D in Gangwon-gun C.

No person shall use any mark identical with the service schedule applied for and registered by another person.

Nevertheless, the Defendant violated the victim’s trademark right by using marks similar to D’ registered service schedule, the trade name of the business entity operated by the victim, as the victim E, in the service list, and operating the business at the above address after the business registration as of July 1, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with H;

1. Application of the Criminal Complaint, Investigation Report (Presentation of Suspect’s Business Registration Certificate), Additional Tax Reference Statement, Investigation Report (D operated by the victim), and Investigation Report (Listening to Suspect’s Telephone Statements) Act and subordinate statutes

1. Article 230 of the relevant Act on criminal facts, Article 230 of the Trademark Act on the Selection of Punishment, and Selection of Fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The injured party’s restaurants and the restaurants operated by the Defendant in the Ulcheon are far away from the distance, and the two are different from the one “D”, and there is no possibility of confusion or misunderstanding in the main domain new, size and operational conditions.

In addition, as a result of the inquiry of whether it is good for the registration of the restaurant association in Ycheon-gun, the defendant received a reply that there is no same trade name in the Ycheon-gun, and the tax office did not refuse the registration at the time of the registration of the business, and there was no awareness of the infringement of trademark rights.

2. Determination

A. First, the similarity of service marks is recognized as health stand and evidence, that is, the trade name used by the defendant and the victim's service marks are identical in Korean as "D", and both the company operated by the defendant and the company operated by the victim.