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(영문) 창원지방법원 2014.09.26 2013고단1723
디자인보호법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged in the instant case is a corporation established in Da, Kimhae-si for the purpose of wholesale business, etc. for the manufacture of lux pipe pipes on March 16, 2009, and Defendant B was appointed as the manager of the instant company on March 3, 201, and is in fact operating the said company from January 1, 201.

Defendant

A The Defendant, at the same time and at the same place as paragraph (b), infringed the Defendant’s design right E, as Paragraph (b), in relation to the Defendant’s business.

B. From September 13, 2011 to March 21, 2012, Defendant B produced 3,164 sprinking districts in which the victim E imitated the design registered as F with the design registration number on July 19, 2003, and sold it to wholesalers, etc. for 42,069,933 won, thereby infringing the victim’s design right.

2. The facts charged in the instant case are crimes falling under Article 82(1) of the Design Protection Act and are subject to a complaint subject to prosecution pursuant to Article 82(2) of the same Act. Since it can be acknowledged that the complainant submitted the written withdrawal of the complaint to the Defendants on September 24, 2014, the indictment against the Defendants in the instant case is dismissed in accordance with Article 327 subparag. 5 of

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