Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Punishment of the crime

Defendant

A is the representative of corporation B, and the defendant corporation B is a corporation that manufactures and sells sports and leisure goods.

1. In around December 3, 2016, the Defendant: (a) sold KRW 300,00 to J a total of 20 times from around the following day to June 21, 2017, the Defendant infringed the design right by selling KRW 20,00 in total (i) the total sum of 20 (5,819,000 won for vehicles for H “H” and the total sum of 20 (5,819,000 won) of the sales of h” vehicle boxes registered by the Defendant’s design “D” through a Internet shopping mall, using a computer installed therein, and registered as FG design.

2. Defendant B’s representative, Defendant B, at the time and place specified in paragraph 1, infringed the design right of the said design right holder as described in paragraph 1 in relation to the Defendant’s business.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to K in the police statement;

1. Complaint;

1. All copies of seizure records, lists of seizure and documents;

1. Register of design registration and certificates of all the registered matters (including horse descriptions);

1. A report on the research on recognition of food consumers;

1. A photograph and H photograph (whether the design is similar shall not be separately prepared, but shall be determined depending on whether a person who observess and supervisess the appearance of each constituent element separately, causes a person to feel a different aesthetic sense. If the dominant feature is similar, it shall be deemed similar even if there is a little difference in detail (see, e.g., Supreme Court Decisions 2000Hu3388, Jun. 29, 2001; 2005Hu2915, Jul. 28, 2006). According to each of the above evidence, the registered design and the Defendant sold the registered design of this case and the Defendant.