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(영문) 대구지방법원 서부지원 2018.11.27 2018고정392

디자인보호법위반등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On October 2017, the Defendant’s home located in Daegu-gun District, and was engaged in the business of selling goods for young children at the Internet shopping mall NAVV online online shopping mall site, and on the website, he was known that the design right holder was a person holding the design right, according to the records around September 30, 2015, and thus, the Defendant’s correction ex officio is made ex officio as there is no risk of substantial disadvantage in the Defendant’s exercise of the right to defense.

The design registered as 30-0818262, and the rhythm of the berm of the berm of the berm of the berm of the berm of the berm of the berm and the berm of the berm of the berm of the berm of the berm of the berm of the berm of the berm of the berm of the young, and around that time, it infringed the design right of the complainant by transferring it to the customer at a cost of KRW 23,

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Complaint;

1. Application of Acts and subordinate statutes to a report on investigation (Presentation of suspect evidence);

1. Article 220(1) of the relevant Act on the Protection of Design of Specific Crimes (the point of infringement of design rights), Article 18(3)1 of the Unfair Competition Prevention and Trade Secret Protection Act, and Article 2 subparag. 1 (i) of the same Act on the protection of trade secrets (the point of transfer of imitated goods);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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;