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(영문) 의정부지방법원 2015.09.24 2015고정872 (1)
부정경쟁방지및영업비밀보호에관한법률위반
Text

1. The defendant shall be punished by a fine of two million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The defendant is the representative director of C who is engaged in wholesale and retail business by manufacturing dental drugs, etc. in Namyang-si, Namyang-si.

No person shall misrepresent another person's goods, or make an advertisement or a mark that leads the public to misunderstand the quality or content, manufacturing method, use, or quantity of goods in any goods or advertisement thereof, or sell, distribute, import, or export goods using such method or mark.

Nevertheless, the Defendant, at the manufacturing plant of the above C Co., Ltd. from around 201 to around 2013, 40, “E” 40,000, 10,000 “F” reported under the name of D, and 20,000 “G” reported under the name of D around April 2013, and 10,000 “H” reported under the name of D around May 2013, 200, and 10,000 “I” reported under the name of D around May 2013, 201, and 5,00,00, and 10,00,00 won reported under the name of D from around May 2013 to around 20, 2013, manufactured “K” under the name of D, which was reported under the name of D, and 20,013.

Accordingly, the Defendant used a mark that contributes to the formation of the concept of quality of goods.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of M;

1. Certificate of completion of each item;

1. Application of each statute on photographs;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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