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(영문) 부산지방법원 2013.09.30 2013고정3890

부정경쟁방지및영업비밀보호에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No person shall cause confusion with another person's goods by using any one identical or similar to another person's name, trade name, trademark, container or package of goods, or any other one widely known in the Republic of Korea as one indicating another person's goods, or by selling, distributing, importing, or exporting goods using such one.

Nevertheless, around 14:20 on December 14, 2012, the Defendant kept 10 pet clothes with a trademark identical or similar to 'Adidas', a trademark identical or similar to 'Adidas', 'CHEL', 10 pet clothes with a trademark identical or similar to 'ADDA', and 'PRDA', with a trademark attached to 'Adidas', 'Adidas', 'Adidas', 'Adidas', 'Adidas', 'NEL', and 'PDRA', which are widely known in the Republic of Korea, operated by the Defendant in Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on investigation;

1. Seizure records;

1. Application of statutes on site photographs;

1. Relevant Article of the relevant Act on criminal facts and Article 18 (3) 1 of the Unfair Competition Prevention and Trade Secret Protection Act and subparagraph 1 (a) of Article 2 of the Unfair Competition Prevention and Trade Secret Protection Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;