Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

From December 2013, the defendant is a person who is engaged in the vicarious driving business with the trade name "F" from the fourth floor of Busan Jin-gu, Busan.

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 widely known in the Republic of Korea as an indication of another person's business.

Nevertheless, at around 19:52 on July 21, 2014, the Defendant sent a text message containing the phrase “L” or “M” to the customers of the customer information database linked to the “K” number that was purchased from J from around that time to October 2014 by using a mark similar to the victim G’s trade name widely recognized in the Busan metropolitan area, etc., which caused confusion with the business activities of others by advertising by sending text messages, including the phrase “L” or “M” to the customers of the customer information database.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and N;

1. Statement to the Prosecutor's Office;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to the images of promotional letters, emails, promotional master images, and e-mails images;

1. Article 18 (3) 1 of the Unfair Competition Prevention and Trade Secret Protection Act and subparagraph 1 (b) of Article 2 of the Unfair Competition Prevention and Trade Secret Protection Act concerning facts constituting an offense;

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant and the defense counsel’s assertion does not have exclusive rights to the trade name “H,” and the above trade name cannot be deemed to have been widely known in Korea. Even if the Defendant used L and M terms, it does not lead to confusion with the business activities of the victim.

In addition, the defendant's unfair competition prevention.