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(영문) 서울동부지방법원 2016.02.03 2015고정1892

부정경쟁방지및영업비밀보호에관한법률위반

Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who sells funeral equipment, etc. through the Internet Blobing “C”.

From March 29, 2013 to October 21, 201 of the same year, the Defendant sold 2 parts similar to the trademark of “hacker Emar Skar” widely known in the Republic of Korea through the above Brogs, thereby causing confusion with the goods of “hacker Emar Emar Emar”.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police against D;

1. Original register of trademark rights registration;

1. Each photograph;

1. The sales of tables, comments on the sales of tables, and the sales of tables;

1. Application of Acts and subordinate statutes to investigation reports (registration of trademarks);

1. Relevant Article of the Act on the Prevention of Unfair Competition and Protection of Trade Secrets concerning facts constituting an offense, and Article 18 (3) 1 and subparagraph 1 (a) (excluding punishment) of Article 2 of the Act on the Prevention of Unfair Competition and Protection of Trade Secrets;

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

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