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(영문) 광주지방법원 장흥지원 2017.02.02 2016고정42
부정경쟁방지및영업비밀보호에관한법률위반
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the installation and sale of boiler.

No one shall cause confusion with another person's business facilities or activities by using any one identical or similar to another person's trade name or any other mark widely known in the Republic of Korea as the one indicating another person's business.

From September 1, 2010 to September 13, 2016, the Defendant widely known in Gangnam-gun B to the Republic of Korea, and, despite that it is not a store or agency of Gyeong-dong boiler, ear-si boiler, and ear-si boiler, the Defendant indicated “Gyeong-dong boiler and ear-si boiler” on the entrance signboard, and entered “Gyeong-dong boiler: Gyeong-dong boiler” on the phone number board, and used the advertisement boiler as “Ma-dong boiler, D Service Center, and C” and used it identical or similar to another person’s trade name widely known in the Republic of Korea, thereby causing confusion with the Defendant’s business facilities or activities.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to the complaint;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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