Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

From July 2, 2015 to April 30, 2016, the Defendant operated an agency that sells the manufacture and import products of G Co., Ltd. with the trade name of the company F from Won-si, Seoul Special Metropolitan City to Busan Special Metropolitan City from around July 2, 2015, and G entered into a domestic monopoly sales contract with the German “GEA Ecoex” and sold the “NT-150L” heat exchange machine provided by G.

No person shall misrepresent another person's goods, or advertise or put a mark that leads any misunderstanding about the quality, content, manufacturing method, use, or quantity of goods in any goods or advertisement thereof, or sell, distribute, import, or export goods using such method or mark.

Nevertheless, the Defendant, around December 28, 2015, indicated the product name “NT-150L” in the German “H” on two heat exchange machines produced through a manufacturer that could not know the name at the F Office of the said F Office, and sold approximately KRW 3,382,000 to G, thereby causing damage to the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to I by the police;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning criminal facts, and Articles 18(3)1 and 2 subparag. 1(f) of the Unfair Competition Prevention and Trade Secret Protection Act concerning the selection of punishment, and the selection of fines;

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

1. The defendant's assertion and determination thereof under Article 334 (1) of the Criminal Procedure Act

1. The defendant's assertion asserts that there was no misrepresentation of the goods of the complainant, and there was no intention to name, and that the products of the defendant and the complainant did not constitute a violation of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter "Unfair Competition Prevention Act") since the defendant's products and the complainant's products were not likely to be mistaken.

2. Determination

A. Article 2 subparag. 1 of the Unfair Competition Prevention Act defines “unfair competition” as “unfair competition act.”