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(영문) 대구지방법원 서부지원 2014.07.02 2014고정516
부정경쟁방지및영업비밀보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a 'D' mutually with the name of ‘D' in Daegu Seo-gu C.

No person shall cause confusion with another person's goods by using any one identical or similar to another person's name, trade name, trademark, container or package of goods, or any other one widely known in the Republic of Korea as one indicating another person's goods, or by selling, distributing, importing, or exporting goods using such one.

Nevertheless, from October 2012 to April 17, 2014, the Defendant committed an unfair competition act, such as inducing an unspecified number of people to believe that the Defendant sold a stone string produced by the Defendant in E by using the trademark "G" and the shape of the letter "H, which is similar to those widely recognized in the Republic of Korea through the advertisement, after using the string site on the front glass part of the “D” store and the front part of the exhibition building located immediately adjacent to the front part of the “D” store (trademark number F) and posting the trademark on April 14, 2003 from the victim E.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. A complaint;

1. Application of J-related data and laws and regulations of the original trademark register;

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

1. Articles 70 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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