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(영문) 의정부지방법원 2014.11.25 2014고단889
부정경쟁방지및영업비밀보호에관한법률위반
Text

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

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

Reasons

Punishment of the crime

No one shall cause confusion with another person's business facilities or activities by using any one identical or similar to the name, trade name, or emblem of another person or any other mark indicating another person's business, which is widely known in the Republic of Korea.

Nevertheless, from June 29, 2012 to February 24, 2014, the Defendant made a set using the English name “SEOUL UNIVIVAL UNIVIVIVSPS” as a mark, and sold it to many unspecified consumers, which is similar to the name of the Seoul University, at a factory operated by the Defendant in Namyang-si, Nam-si, Seoul.

Accordingly, the Defendant committed an act of causing confusion with the business activities of the Seoul University using a mark similar to the mark indicating the business of the Seoul University, such as the English name and mark, widely known in Korea.

Summary of Evidence

1. The defendant's partial statement (the statement made to the effect that he/she sold Nom with a sign marked his/her authentic photograph of Seoul University);

1. Each police statement concerning D;

1. A complaint;

1. Original service mark register;

1. Application of Acts and subordinate statutes to the defendant's set-up or sets-up sale of Seoul National University;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act (1) of the Act on the Provisional Payment Order (hereinafter “SEUL UNIVIVSSPus”) was made and sold by photographing the English language and the shape of the original model of the Seoul National University (hereinafter “Seoul National University”). However, it is similar to the sign indicating the business of the Seoul National University.

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