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(영문) 대전지방법원 2015.07.09 2015고정651
부정경쟁방지및영업비밀보호에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

“C Co., Ltd.” was established on August 20, 1968, and was engaged in claims collection business from January 14, 200, and 1,100 employees are currently engaged in the business of claims collection, credit investigation, etc. at 68 points nationwide.

1. He/she shall not conduct any unfair competitive act that causes confusion with any other person's business facilities or activities by using any mark identical or similar to the trade name or emblem of another person widely known in the Republic of Korea to the effect of violating the Unfair Competition Prevention and Trade Secret Protection Act;

However, from May 14, 2009 to March 2015, the Defendant engaged in claims collection business using the trade name “E” in Daejeon Dong-gu, Daejeon, Daejeon, thereby engaging in an unfair competition act that causes confusion with the business activities of the said company using the trade name identical or similar to “E”.

2. Any person who intends to run credit information business, such as debt collection business in violation of the Use and Protection of Credit Information Act shall obtain permission from the Financial Services Commission;

However, without obtaining permission from the Financial Services Commission, from May 14, 2009 to March 2015, the Defendant engaged in claims collection business by asking for debt collection from the “E” office located in Daejeon Dong-gu, Daejeon to H, I, J, K, L, M, N, andO on a multiple occasions and demanding the repayment of debt.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police about P;

1. Investigation report (a list of claims collection filed in the name ofE);

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to news materials related to a credit information company);

1. Article 18 (3) 1 of the Unfair Competition Prevention and Trade Secret Protection Act concerning criminal facts and Article 2 subparagraph 1 (b) of the same Act concerning the selection of punishment;

Item (the occupation of unfair competitive acts, the choice of fines) and Article 50(2)1, Article 4(2), and Article 4(1)3 of the Use and Protection of Credit Information Act (the occupation of an unauthorized debt collection business, the selection of fines).

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