A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

The Defendant, as a director of the “C” corporation (hereinafter “C”), is a person who operates the “C”, and the “victim Company” (hereinafter “victim Company”) is a company established for the sports and recreational district development project among the E development projects located in the Si/Gun in Busan, and the “F” corporation (hereinafter “G”) is a company entrusted by the “victim Company with all business affairs, etc. necessary for the management, operation, disposal, and implementation of the contract.”

On December 2010, the Defendant concluded a brand service agreement to the effect that “C” holds the right to sell brand “C” in the Republic of Korea, and that “G” would allow “C” to use the brand “C” for recreational area development projects, such as golf clubs located in the city of Busan, where “G” is in progress. On December 13, 2010, the Defendant entered into a brand service agreement with “G” and “C” to the effect that “G” provide “G” with the right to use brand design and to use a mark indicating that the building was designed by I, and “G” would pay the brand usage fee to “C” under the same.

However, in fact, the I brand service contract entered into between “C” and the I company located in Italian on May 26, 2009 (hereinafter “I company”) was terminated on October 22, 2010 due to nonperformance of the contract, such as the payment of trademark fees, etc. by “C”. Accordingly, “C” did not thereafter hold the domestic market right of brand “C”.

In addition, even under the brand service contract with the I company on May 26, 2009, the C had no authority to transfer the right to use the brand “C” to a third party.

Therefore, the Defendant did not have the intent or ability to grant the brand ‘G' the right to use the brand ‘I'.

Nevertheless, the defendant is above.