A defendant shall be punished by imprisonment for one year.

However, the above sentence shall be executed against the defendant for a period of two years from the date of the final judgment.

Punishment of the crime

The defendant is a person who operates a corporation D and engages in the delivery of goods upon receiving orders from a glass disease, etc.

No person shall cause confusion with another person's goods by using marks identical or similar to another person's name, trade name, trademark, or container or package of goods, or any other mark indicating another person's goods, which is widely known in the Republic of Korea, or by selling, distributing, importing, or exporting goods using such marks.

The victim E, a company, from January 2015 to July 2015, advertised the trademark "F" with the trademark "F". From around April 2015 to around July 2015, the victim E sold an amount equivalent to KRW 1,121,742,494 with respect to the above single product. On June 2015, the victim E entered into an exclusive contract with "G" group and entered into an exclusive contract with "G" and became widely known to customers and consumers, and the trademark "F" was widely recognized in Korea.

Nevertheless, at around 11:00 on July 20, 2015, the Defendant: (a) requested the manufacturing of 10m containers (20,000, 30m containers and 5,000m containers (5,00m containers) from “I” (in the Republic of Korea, China; hereinafter the same) and the same container, which are produced and sold in the above E, within the off-gu, Y D’s office, Hacheon-si; (b) manufactured the said containers using the U.S. glass; (c) around July 24, 2015; (d) 20,000 containers of cosmetics attached with the trademark; and (d) 5,000 containers and 30m containers and 5,00m containers at the off-gu, Seocheon-si; and (e) delivered the containers to the same 20m container located in the Seo-gu, Seocheon-gu, Incheon; and (e) delivered the same 30m container within the same 20m of the Incheon-dong.

Accordingly, the defendant committed unfair competitive acts using the same trade name and trademark as the victim E company and F trademark.

Summary of Evidence

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