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(영문) 전주지방법원 군산지원 2019.01.30 2018고단1078

부정경쟁방지및영업비밀보호에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

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, or by selling, distributing, importing, or exporting goods bearing such one.

Nevertheless, from April 5, 2018 to May 4, 2018, the Defendant attached a photo of the building and the store building located in Gyeonggi-si, Gyeonggi-si, Inc. D located in the Gyeonggi-si, Gyeonggi-si, and produced advertising leaflets using the trade name similar to the above C’s trade name, and attached the above leaflet to the Simsan-si, Gyeong-si, Simsan-si, and without any fact that the Defendant entered into an supply contract for the goods of the Co., Ltd. from April 5, 2018, the Defendant caused confusion with the goods of the said Co., Ltd. by providing an advertising broadcasting that: (a) without any fact that the Defendant entered into an supply contract for the goods of the Co., Ltd. from April 5, 2018 to May 4, 2018; and (b) without any fact, (c) without any fact that the Defendant entered into the supply contract for the goods of the Co., Ltd., Ltd., the advertising cost

Accordingly, the defendant used goods identical or similar to another person's trade name or sold goods using such goods, thereby causing confusion with another person's goods.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of the Acts and subordinate statutes on the place of complaint, the advertisement electric complex, and the closure of broadcast advertisement images, the C store address register, the number of members for each store, the related data on sales, and the C

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

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

1. The circumstances favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, such as the provisional payment order, recognize and reflects the error.

There is no record of the same crime.

A line of duty without a specific place of residence.