A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who produces and sells electricity ties, etc. with the trade name of “C Co. D” in Heak-gu Seoul Metropolitan City, Chungcheongnam-gu.

1. Violation of the Unfair Competition Prevention and Trade Secret Protection Act;

(a) No one 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 marks indicating another person's goods, which are widely known in the Republic of Korea, or by selling, distributing, importing, or exporting goods using such marks;

In doing so, from around December 2012 to December 2014, the Defendant: (a) in the instant “C” store from around December 2012 to around December 2014, the Defendant sold the mark “C” similar to the mark “C”, which is widely known to the victim head fisheries company, and is widely known in the Republic of Korea; and (b) sold the mark “C” to a household, including a stone beds, in which the Defendant sells, thereby causing confusion with the products of the victim.

(b) 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;

Even so, Defendant 1 advertised the trade name, “fluort b,” which was widely known in Korea by the victim head fisheries corporation, at the time and time indicated in the above paragraph (a), upon recognition of well-knownness through a court judgment, by posting the name “fluort b,” which was widely known in the Republic of Korea, in the signboards, placards, etc. of branch agencies listed in the crime inundation table, which was operated by the Defendant, thereby causing confusion with the victim’s business facilities or activities.

2. 상표법위반 피해자 주식회사 장수산업은 2002. 7. 2. ‘ 장수 온돌’ 이라는 상호로 상표 등록( 제 0524178호) 하고, 2003. 3. 19. ‘ 장수★★★★★’ 라는 상호로 상표 등록( 제 0543523호) 하고, 2005. 3. 8. ‘ 장수 돌침대★★★★★’ 라는...