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(영문) 의정부지방법원 고양지원 2016.03.23 2015고정1113
부정경쟁방지및영업비밀보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall cause confusion with another person's goods by using any one identical or similar to another person's name, trade name, trademark, container or package of goods, or any other one widely known in the Republic of Korea as one indicating another person's goods, or by selling, distributing, importing, or exporting goods using such one.

Nevertheless, from December 18, 2007 to June 1, 2015, the Defendant imported and sold the Dog-type type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-of-

Accordingly, the defendant committed an unfair competition act that leads to confusion with another person's goods using a trademark similar to another person's trademark.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecution against the F;

1. The decision of the Patent Court of Korea (referring to a trademark widely recognized domestically and a trademark similar to another person's trademark, if such trademark is recognized as widely known in the Republic of Korea);

Even if the defendant's intention to confuse the goods of another person is recognized), the application of the law is applied.

1. Relevant Article of the Act on the Prevention of Unfair Competition and Protection of Trade Secrets (Selection of Penalty) and Article 18 (3) 1 and subparagraph 1 of Article 2 of the Act on the Protection of Trade Secrets (Selection of Penalty) concerning facts constituting an offense;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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