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(영문) 광주지방법원 목포지원 2018.01.19 2017고정495
디자인보호법위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

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

Reasons

Punishment of the crime

Defendant

A is the representative director of the B Co., Ltd. in the former Yongama Group C, and the defendant B Co., Ltd. is the company selling and manufacturing industrial and construction equipment.

1. Defendant A around June 20, 2016, at the office of the Defendant, at the office of the Defendant, at the Youngnam-gun Co., Ltd., Ltd., the Defendant: (a) fixed the victim Gyeongdo Gyeong-si Co., Ltd., to the Korean Intellectual Property Office on the front section registered with the design on April 17, 2009; and (b) fixed it to the Belgium, etc.; and (c) manufactured a sprink similar to the sponsing one equipped with the circulation network of the shape of the water on the sponsed part, and sold it to unspecified customers, thereby infringing the victim’s design right.

2. Defendant B, at the time and place of the above 1.1.m., Defendant B, the representative director of the Defendant, infringed the Defendant’s design right regarding the Defendant’s business by doing the act as described in the above 1.m.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to D or E;

1. Information on the registered design, a warning letter, response to infringement of a design right, the details of the transaction, and application of the statutes in writing in writing;

1. Article 220(1) (Selection of a punishment) of the Design Protection Act (excluding a set-off) and Article 220(1) of the same Act: Article 227 subparag. 1 and Article 220(1) of the Design Protection Act;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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