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(영문) 서울북부지방법원 2018.11.22 2018고정1196
저작권법위반등
Text

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

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

Reasons

Punishment of the crime

[B] On March 15, 2018, the Defendant was sentenced to a suspended sentence of one year for a violation of the Trademark Act at the Seoul Northern District Court, and the said judgment became final and conclusive on the 23th of the same month.

[Criminal facts]

1. On February 25, 2017, the Defendant violated the Copyright Act: (a) around February 25, 2017, the Defendant engaged in telecommunications sales business with D’s trade name; (b) the Educational Broadcasting System, the author of the Educational Broadcasting System, sells children’s uniforms produced by reproducing the character of “Round” (registration No. 2015-1279) and “Maleman (registration No. 2015-1278) once by once,” and distributed the Educational Broadcasting System’s works by selling approximately 2,852, as shown in the attached list of crimes, from that time until August 29, 2017.

Accordingly, the defendant infringed on the author's property right for profit-making purpose.

2. He/she shall not cause confusion with another person's goods by using another person's name, trade name, or goods identical or similar to a container, package, or other mark indicating another person's goods, which is widely known in the Republic of Korea in violation of the Unfair Competition Prevention and Trade Secret Protection Act, or by selling, distributing, importing, or exporting goods using

Nevertheless, as described in paragraph 1, the Defendant sold 2,959 children’s uniforms produced by reproducing “ro by once” and “man by once by once” character, which is a mark of goods, etc. widely known to the Republic of Korea, as indicated in paragraph 1.

Accordingly, the defendant used the same or similar mark as the mark indicating others' goods to cause consumers to confuse as if they were sold by the Educational Broadcasting Corporation.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Statement made by the police for E;

1. Materials to supplement statements from witnesses;

1. A previous conviction in judgment:

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