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(영문) 서울서부지방법원 2021.01.14 2020고정698
부정경쟁방지및영업비밀보호에관한법률위반
Text

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

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

Reasons

Punishment of the crime

No person shall transfer or lend, or exhibit, export, or import for such purpose, any goods which imitate the form of goods produced by another person.

Nevertheless, the defendant from June 2019 to the same year.

8. From April 12, 2019 to April 12, 2019, when operating a manufacturing business with the trade name “C” in Eunpyeong-gu Seoul, Seoul, it manufactured D products in the form of “E” and posted them on the Internet site G, etc. as products of “F” and sold a total amount of KRW 423 (total sales amount of KRW 6,376,560) during the pertinent period.

Accordingly, the defendant transferred the goods produced by others and exhibited them for this purpose.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning partial prosecution of the accused, or a protocol concerning the interrogation of the police;

1. Product comparative photographs, details of each Internet sale, list of purchasers, and tax invoice;

1. Application of Acts and subordinate statutes to report on investigation (sale details);

1. Article 18 (3) 1 of the Act on the Prevention of Unfair Competition and Protection, etc. of Business Secrets concerning the crime and Article 18 (3) 1 of the same Act and Article 2 subparagraph 1 of the same Act (Selection of penalty)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant and his defense counsel found guilty of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: ① The “F” goods produced and sold by the Defendant constitute “goods of the same kind as those produced by another person (if there is no such kind of goods, referring to the goods that are identical or similar to those produced by another person)” under the proviso of Article 2 subparag. 1 of the Unfair Competition Prevention Act; ② the Defendant filed an application for design registration around June 2019 with the name of “H” and obtained design registration around May 202, and thus, the Defendant did not support the Defendant for the crime of violating the Unfair Competition Prevention Act.

Note, however, the Note.

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