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The judgment of the court below is reversed.
Defendants shall be punished by a fine of KRW 2,000,000.
Defendant
A The above fine shall be imposed.
Reasons
1. The act of selling goods manufactured by another person as if they were the goods manufactured by him/her is also an act causing misconceptions to consumers, unfairly undermining the competitiveness of the competitor, or raising its competitiveness, and constitutes a case where a person assumes another person's goods under Article 2 subparagraph 1 (f) of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter "the Unfair Competition Prevention Act").
Nevertheless, the lower court did not constitute a case where the Defendants’ act, such as the facts charged in the instant case, did not constitute “the misrepresentation of others
In light of the above, all defendants were acquitted. The judgment of the court below is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.
2. Determination
A. The summary of the facts charged in the instant case is from April 23, 2012 to December 12 of the same year, Defendant A engaged in business-related work in G in the former-powered distribution company, which was operated by F, and Defendant B is a corporation established for the purpose of manufacturing, processing, and technical development of steel and steel plates at Kimhae-si H.
1) No person who assumes another person’s goods or propaganda or marking that leads the public to misunderstand the quality, content, manufacturing method, use, or quantity of goods in goods or advertising thereof, or sells, distributes, imports, or exports goods using such method or mark.
On July 8, 2014, the Defendant: (a) removed the name plates (G) of the second type of ship ship for the main power-driven type, which had been produced and sold by the Victim G, from the G G G G’s workplace in Kimhae-si around July 8, 2014; and (b) sold it to “I sports sales store”.
Accordingly, the Defendant sold goods with a mark misrepresenting or misleading the victim G goods company.
2) Defendant B Co., Ltd. is recorded in the preceding paragraph.