Defendant shall be punished by a fine of KRW 1,500,000.

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

Punishment of the crime

The Defendant is a person who operates the “C”, an Internet site, in Osan-si 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 widely known in the Republic of Korea as the one indicating another person's business.

From August 2015 to May 10, 2016, the Defendant, using the said “C” website, without concluding a contract to use the trade name of the victim, such as the victim’s dongyang Service Co., Ltd. and the agency contract, without permission, used the victim’s trade name, such as “Sagle” and “Magle” and used the victim’s water purifier string advertising to the victim’s head office, and used the phrase that appears to be directly operated by the victim’s head office, thereby pretending that the Defendant’s business was a permanent business operated by the victim, and fell about 130 water purifiers “the victim’s products.”

Accordingly, the defendant committed an act of causing confusion as a business activity of the victim using the same mark as a mark indicating the business of the victim widely known in Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the recipient website (C);

1. Relevant Article of the Act on the Prevention of Unfair Competition and Protection of Trade Secrets concerning the crime and Article 18 (3) 1 and subparagraph 1 (b) of Article 2 of the Act on the Protection of Trade Secrets (Selection of Penalty) of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;