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(영문) 서울북부지방법원 2014.05.15 2014고단91

부정경쟁방지및영업비밀보호에관한법률위반등

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Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant violated the Unfair Competition Prevention and Trade Secret Protection Act is the representative director of E, a corporation established for the purpose of importing and selling petling goods, and F, a corporation, which manufactured and sold shampoo and shampoo, etc. with the name of G.

On November 2007, the Defendant sold G shampoo and shampoo, etc. supplied by H, a total market of F, with G shampoo and shampoo, etc. Around November 2009, the victim I comprehensively acquired the right from F to sell shampoo and shampoo, etc., but did not manufacture shampoo and shampoo, etc. due to financial problems. As the Defendant was unable to be supplied with G products, he was willing to create and sell products that imitate the name and design of G.

Therefore, the Defendant, at the E office located in Macheon-si JJ on May 15, 2010, copied the victim’s name of shampoo and ampoo, etc., container shape, and the English explanation of products to L representative M in Masung-si. However, the Defendant sold shampoo and shampoo and n consortiuming shampoo, etc. to general consumers through the Internet shopping mall, etc. from that time to November 15, 2013, and sold a total of 9,671 points after being supplied with 15,115 points from L to November 15, 2013.

Accordingly, the Defendant, by manufacturing shampoo and shampoo with the same name and appearance as the victim G shampoo and shampoo, sold goods by misrepresenting the goods of others by selling them.

2. The Defendant violated the Copyright Act at the time and place specified in paragraph (1), thereby infringing the victim’s property right by reproducing the design of G peta shampoo and shampoo, etc., which is the work of art the victim’s copyright, and the English description of the products, which are literary works, and by using shampoo and shampoo, etc.

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