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Defendant shall be punished by a fine of KRW 2,500,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a inside director of the C Co., Ltd. in Kimpo-si B.
1. The Defendant violated the Design Protection Act: (a) from October 2013 to November 201, 2013, the victim D from the said company produced approximately 200 strings using the inner strings of the design similar to the “strings inserted inside the massage machine” registered with the Korean Intellectual Property Office on July 13, 2010; and (b) from October 23, 2013 to November 7, 2013, the Defendant infringed the victim’s design right by selling the said massage to F Co., Ltd. (former “G”).
2. On December 14, 2005, the Defendant violated the trademark right of the victim by manufacturing approximately 200 ambags attached with J, which is a trademark similar to “I” registered with the Korean Intellectual Property Office of the Republic of Korea as the designated goods No. 10 inside on December 14, 2005, and selling them to F Co., Ltd. (former “G”) from October 23, 2013 to November 7, 2013.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the suspect of the accused;
1. Statement made by the police against D;
1. Investigation report (maintenance and verification of registration of designs and trademark rights);
1. The original register of trademark registration or the original register of design registration attached to a complaint;
1. Application of Acts and subordinate statutes on massage photographs;
1. Relevant Article 220(1) of the Act on the Protection of Design for Specific Crimes, Article 220(1) of the Act on the Protection of Design for the Selection of Punishment (the Violation of Design Right), Article 93 of the Trademark Act, and each fine for negligence;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;