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Defendant
A Imprisonment for 10 months, Defendant B shall be punished by a fine of 20,000,000 won.
However, the defendant A.
Reasons
Punishment of the crime
Defendant
A as a director of the company in Seocho-gu Seoul (State)B in Seocho-gu Seoul, a representative of the company, Defendant (State)B is a company selling promotion products, miscellaneous products, etc.
(State) around August 2015, B: (a) around the Gangnam-gu Seoul Metropolitan Government Sales Organization H (State director I) provided “M” to customers who purchased the above cosmetic sets for sales promotional events, such as cosmetic sets, which the said company intended to sell through distribution companies such as “J” and “K” online shopping mall (L).
On the other hand, the victim N is a director of the PP who is a manufacturer of design products in Mapo-gu Seoul Metropolitan GovernmentO.
1. As Defendant A, around September 2015, B entered into a contract with Q Trade Company, a Chinese subsidiary, for the manufacture and supply of 49,500 B, depending on the design offered by the said Trade Company from the said Company, and around that time, the said Company was supplied with all of the said products.
However, the Hague design offered in the above B was a design similar to the Hague design that had been acquired by the victim N to the Korean Intellectual Property Office of R in Korea by registering as S.
Nevertheless, at that time, the Defendant produced the above product and supplied it to the above H, and caused the said company to transfer it to an unspecified number of customers through the above branch office and the above online shopping mall around October 5, 2015, including 1 additional points of “J” located in Seoul City from around October 5, 2015 to 28 of the same month.
Accordingly, the Defendant arbitrarily produced and transferred products related to the design similar to the above registered design, thereby infringing the victim’s design right.
2. (State) A, the representative of Defendant B’s Defendant Company, violated the victim’s design right in relation to the Defendant Company’s business.
Summary of Evidence
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