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(영문) 서울남부지방법원 2017.06.08 2017고정294

디자인보호법위반

Text

Defendants shall be punished by a fine of KRW 1,500,000.

Defendant

B If the above fine is not paid, 100.

Reasons

Punishment of the crime

Defendant

B is a person who was the representative director of A in Guro-gu Seoul Metropolitan Government C building 809-2, and the defendant corporation is a corporation established for the purpose of electronic commerce business, etc.

1. Defendant B: (a) registered each design with the Korean Intellectual Property Office as F around January 18, 2016, around April 11, 2016, with the content of “portable prior wind” and “a combination of the shape and shape of a portable prior wind,” which is the essential part of the design creation.”

The defendant from the end of March 2016 to the same year.

4. From the day of September, 19, the injured party posted 8 pinusb-ray winders with a similar combination of a portable winder that the injured party registered with the Korean Intellectual Property Office, and its form and shape, and sold 8 pinusb-ray winders 159 won per unit to unspecified customers, thereby infringing the injured party’s design right.

2. Defendant A Co., Ltd. committed the act of infringing on the victim’s design right in relation to the Defendant’s business at the above date, place, and the Defendant’s representative director.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to screen the output of the G site, each design registration ledger, and written confirmation;

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Article 227 Subparag. 1 and Article 220(1) of the Design Protection Act;

B. Defendant B: Article 220(1) of the Design Protection Act; selection of fines

1. Defendant B who is detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;