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(영문) 서울동부지방법원 2018.09.07 2018고단2531
디자인보호법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person operating “G”, a company manufacturing and selling bags, from 1014 of Seongdong-gu Seoul Metropolitan Government F Building 1014.

From May 2017 to November 2017, the Defendant manufactured 123 bags (a total market value of KRW 4,00,000) similar to the patent number I registered with the Korean Intellectual Property Office of Victim H from the above “G” to the victim H, and sold them through Internet shopping mall.

Accordingly, the defendant infringed the victim's design right.

2. The facts charged in the instant case are crimes falling under Article 220(1) of the Design Protection Act, and cannot be prosecuted unless the victim files a complaint pursuant to Article 220(2) of the Design Protection Act.

However, according to the records of this case (written withdrawal of the complaint on September 4, 2018), the victim can be recognized as having cancelled the complaint against the defendant on September 4, 2018, which was after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

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