D Co., Ltd. was established on June 24, 2013, run a franchise business of a specialized restaurant called "D", and around 2013, a franchise franchise franchise store reached 250.

No one shall conduct an unfair competitive act that causes confusion with another person's business facilities or activities by using any one identical or similar to the trade name, emblem or any other mark widely known in the Republic of Korea as the one indicating another person's business.

Nevertheless, from January 2015 to June 2016, the Defendant committed an unfair competitive act that leads to confusion with the company’s business activities by operating a specialized restaurant using the same trade name as “D,” the victim D’s franchise franchise store in Jung-gu Seoul Metropolitan Government, from the advantages of “D” movement in Jung-gu, Seoul.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. Copy of the protocol concerning G;

1. A complaint and each investigation report [the evidence of this case can be sufficiently recognized that the trade name of this case is well known.

B. Although the right holder of the trade name of this case demanded the defendant to conclude a franchise agreement on several occasions with regard to the trade name of this case, the defendant's refusal, and the defendant's continued to commit the crime of this case even after the supply of related goods from D head office, it can be acknowledged that the defendant had the intention to commit the crime of this case as stated in the judgment.

Application of Statutes

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, subparagraph 1, and (a) of Article 2 of the Act on the Protection of Trade Secrets and Confidentiality;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act (the punishment to be suspended: fine of 2,00,000 won) (the first offender; the victim withdraws the complaint of this case; the circumstances leading to this case, etc.);