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(영문) 서울서부지방법원 2018.10.24 2018고정578
디자인보호법위반
Text

Defendants shall be punished by a fine of two million won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendants are persons operating wholesale and retail businesses with the trade name “C” from November 23, 2015 to March 19, 2017, and with the trade name “D” from March 20, 2017 to March 20, 2017.

No one shall produce, import, or transfer articles of a registered design or any similar design.

From January 4, 2016 to July 4, 2016, the Defendants: (a) imported 690 copies of a design registration number 30-080325 to the Korean Intellectual Property Office of Korea; (b) received a warning from the injured party that the Defendants would infringe the victim’s design right; (c) sold 249 parts to the customer by January 29, 2018; and (d) transferred 42 free of charge for marketing; and (d) infringed the victim’s right to personal design by transferring 69 parts of a design registration number 30-080325 to the Korean Intellectual Property Office; and (d) on February 29, 2016, the Defendants received the warning from the injured party that the Defendants infringed the victim’s design right.

Summary of Evidence

1. Defendants’ respective legal statements

1. Copy of the statement made by the prosecution concerning G;

1. Complaint;

1. Application of Acts and subordinate statutes of one of the investigation reports (Submission of the details of sale of products infringing on design rights), one copy of the report on sale of Hz, and one of the details of sale of Hzs;

1. The Defendants: Article 220(1) of the Design Protection Act, Article 30 of the Criminal Act, and the selection of each fine for the crime;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that no agreement with the victimized company or damage to the victimized company has been recovered until the end of the sentencing period; balance of general criminal punishment in similar cases; recognition of and reflects on the instant crime; and other Defendants’ age, sex, motive for the commission of the crime; and period after the crime.

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