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

Defendant

A and B fail to pay each of the above penalties.

Punishment of the crime

Defendant

A is the representative director of Defendant C Co., Ltd. who conducts the business of manufacturing and importing electronic equipment, and Defendant B is the representative director of Defendant D Co., Ltd. who conducts the business of importing and selling computers and peripheral devices.

The design registration number F (portable prior wind) applied for G by the East-gu Electronic Department, a Chinese company, for the registration of H on December 1, 2015, and on March 8, 2016, the right was entirely transferred to I on March 8, 2016.

Since a design right holder has the exclusive right to work a registered design as a business or similar design, no one may infringe the above design right or exclusive license.

1. On May 2016, Defendant A imported from China 1,00 1,00 PORTABLE USBFN (a model name: f95Y) from the Defendant C Office located in J in the Seocho-si, the early May 2016, and sold it to Defendant D, etc. at that time, thereby infringing I’s above design right.

2. On June 1, 2016, at the office of Defendant D Co., Ltd., Ltd., Yongsan-gu Seoul Metropolitan Government, Defendant B purchased 500 portable winders, which Defendant A imported without the consent of the design right holder, and sold 251 of them through the Internet shopping mall site around that time, thereby infringing I’s above design right.

3. Defendant C and D, a representative of each of the Defendant A and Defendant B, committed an act infringing the I’s above design right.

[Defendants and defense counsel asserts that there is no criminal intent of infringement of design right.

However, on May 31, 2016, the Defendants received the notification from I on the registration and transfer of the above design right and requested the suspension of sales of the above portable winding machine. Nevertheless, Defendant C Co., Ltd., as of June 1, 2016, entered into a trade agreement on 504 of the above portable winding machine with Defendant D Co., Ltd. as of June 1, 2016 (the investigation record No. 89).