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Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The defendant is a person who operates ‘D' in Ansan-gu Mayang-si C.
From May 24, 2016 to July 2016, the Defendant sold a portable cable flag similar to “a portable cable flag (application filed on July 31, 2015)” registered as the design registration number No. 30-836046, Jan. 18, 2016, and infringed upon C or C’s right to design by selling a portable cable flag similar to “a portable cable flag (application filed on July 2, 2015)” registered as the design registration No. 30-084931, Apr. 11, 2016.
Summary of Evidence
1. Partial statement of the defendant;
1. Results of the verification of the evidence referred to in subparagraphs 1 through 5;
1. Statement made by the police for E;
1. The similarity between the registered design and the Defendant’s implementation design in light of the following circumstances revealed by the design registration ledger (the judgment of similarity).
(1) The shape of both designs is almost identical in the shape of a day, the body body is in the original form, and the upper part is divided, and the lower part is plucked by a “bb” person, and the last part is connected, and the shape and shape as a whole are similar.
② The design of Defendant’s implementation differs in terms of the fact that two types of connecters are connected to a separate line at the end of the body lower end of the body.
However, this is allowed to exchange two different connecters from one another to be used according to the type of mobile phone, but it is merely a line connected to the other one in order not to completely cut off when used separately, and it can be viewed as a form necessary to secure the function of the goods, and it is difficult to view it as an element that causes a special aesthetic sense.
Application of Statutes
1. Article 220 (1) of the Act on the Protection of Design of Specific Crimes, Article 220 of the Act on the Protection of Design of Specific Punishment and Selection of Fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The order of provisional payment;