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(영문) 수원지방법원 2017.05.31 2017고정641
부정경쟁방지및영업비밀보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

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 the mark indicating another person's goods, or by selling, distributing, importing, or exporting goods using such one.

The Defendant is a person operating C agency in Mapo-si B, and D, while operating “F household” in Ma in Mapo-si, agreed to manufacture and supply all of the H households widely recognized domestically by concluding a contract with the victim G and OEM (manufacturer of a product by order-based trademark) with the aim of manufacturing and selling furniture, and to prohibit arbitrarily attaching the victim’s trademark, etc. or selling and illegally discharging similar products without using the trade name, trademark, etc.

D From July 18, 2013 to June 18, 2015, the Defendant produced the same product as the victim’s production order from the above FF households (I) and arbitrarily attached the H households’ trademark and quality labelling certificate, and supplied the Defendant with the above trademark at will equivalent to KRW 19.2 million. The Defendant displayed the above households at the above agency and sold them to many and unspecified persons.

Accordingly, the Defendant conspired with D and sold goods identical to the victim’s trademark widely known in Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police to J (No. 1);

1. Application of the trademark registration ledger, the details of passbook transactions Acts and subordinate statutes;

1. Article 18 (3) 1, and Article 2 subparagraph 1 (a) of the Act on the Prevention of Unfair Competition and the Protection of Trade Secrets concerning facts constituting an offense, Article 30 of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Civil cases pertaining to the grounds for sentencing of Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment.

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