Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

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.

From July 2013 to February 2015, 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” in the Seoul Jongno-gu Seoul Metropolitan Government E 1st floor from around July 2013 to around February 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the police officers of the accused;

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

1. Application of Acts and subordinate statutes to the accusation, field photographs, and business registration certificate (each point);

1. Article 18 of the Act on the Prevention of Unfair Competition and Protection of Trade Secrets concerning the crime and Article 18 (3) 1 and subparagraph 1 (b) of Article 2 of the Act on the Protection of Trade Secrets (to select a fine, inclusive of business offenders);

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The main point of the argument is that there is no “D”, which is the trade name of D’s franchise store, and the Defendant is entitled to use the trade name of “D” as a prior licensee under Article 57-3 of the Trademark Act, and there is no intention regarding unfair competition.

2. Determination

A. The meaning of Article 2 subparagraph 1 (b) of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention Act”) means “the name, trade name, trademark, and container and package of goods widely known in Korea” under Article 2 subparagraph 1 (a) of the Unfair Competition Prevention Act.