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(영문) 수원지방법원 성남지원 2018.11.09 2018고정849
저작권법위반등
Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation specialized in the production and sale of salary class, and Defendant A is a internal director who is the representative of Defendant B.

1. On June 2016, Defendant A manufactured and sold a seal paper attached with a trademark “G” identical with or similar to the “F” under the trademark registration (application number E) registered by the owner of the trademark right D with the completed body, human form, etc. as designated goods in the Jung-gu Seoul Special Metropolitan City, Seongbuk-gu, Seoul Special Metropolitan City.

Accordingly, the defendant infringed the trademark rights of D owner of trademark right.

2. Defendant B, a representative of Defendant B, committed the same offense as that of the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Complaint;

1. Investigation report (Attachment of data for application for trademark registration) (F), data for application for trademark registration;

1. Investigation report (exploration of sales data, and application of Acts and subordinate statutes on sales data of G salary class online shopping malls;

1. Article 93 of the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016; hereinafter the same shall apply); Article 97 Subparag. 1 and Article 93 of the former Trademark Act; Article 97 Subparag. 1 and Article 93 of the former Trademark Act;

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: The part dismissing the public prosecution under Article 334(1) of the Criminal Procedure Act

1. Summary of facts charged (Violation of the Copyright Act)

A. At the date, time, time, and place indicated in the judgment, Defendant A produced and sold the seal model of the trademark “G”, which has a substantial similarity with the character creation of “G” in which the Japanese Company Corresa has copyright.

Accordingly, the Defendant infringed on the copyright of the copyright holder stedio Pibio.

B. Defendant B, a representative of the Defendant, committed a violation under paragraph (1) with respect to the Defendant’s business.

2. Article 2 of the Act applicable to the facts charged of judgment - Defendant A: Copyright Act.

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