beta
(영문) 인천지방법원 2017.02.02 2016고단5816

무고

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Criminal Records] On September 9, 2016, the Defendant was sentenced to a suspended sentence of two years for six months, due to a violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Defamation) at the Incheon District Court, and the judgment became final and conclusive on the 20th of the same month.

[2] Criminal facts C is a person who actually operates the cosmetic (ju) E in Yeonsu-gu Incheon Metropolitan City, and the defendant is a person who is a seller of the above C's private village and is an employee of the above company with interest on the representative director under the name of the E.

Around August 2014, E purchased I Cosmetics from F and G (State) around August 201, and entered into a goods supply contract to sell them only to Thailand, and received and sold the said Cosmetics. Around November 2014, E sold the said cosmetics to China, the supply of the said cosmetics was suspended.

Accordingly, from January 2015, while the Defendant received and sold goods from (ju) H from (ju), the supply of the goods was interrupted with the (ju) J, etc., and around that time, he was aware that H did not register the design for the containers packaging the above I cosmetic. The Defendant filed a design registration (registration number M) with the Korean Intellectual Property Office on the ground of the Defendant and C’s (ju) L as the holder of the right to exclusive license of the above design right, and then filed a complaint against (ju) H et al. for infringement of the design right against the Defendant and C’s (ju) as the holder of the right to use the above cosmetic, thereby putting pressure on H et al., and attempted to continuously gain profits from the sale of the cosmetic.

Since then, on June 17, 2015, C filed a complaint with the defendant stating that "The defendant who produces the above cosmetics by infringing upon the design right (registration number M) registered as the design licensee by E, the defendant, N, and the sameO, etc. under orders from E, F, the same G, and H (State) H, the defendant who produces the above cosmetics, shall control the production and distribution of the products."