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(영문) 수원지방법원 2017.01.18 2016고단2031
부정경쟁방지및영업비밀보호에관한법률위반
Text

Defendant

A shall be punished by imprisonment for four months, and imprisonment for six months.

However, from the date this judgment becomes final and conclusive, each one year.

Reasons

Punishment of the crime

Defendant

A is a person who manufactures and sells cosmetics in the trade name of G Co., Ltd., and Defendant B is a person who engages in the business of selling cosmetics, and Victim H is a person who operates the J Co., Ltd. which manufactures and sells “I”, which is a DNA product.

No person shall misrepresent another person's goods, or make an advertisement or a mark misleading the quality, content, manufacturing method, use, or quantity of goods in any goods or advertisement thereof, or sell, distribute, import, or export goods as such method or mark.

Nevertheless, after receiving a proposal from K to create a parody product similar to the above I, Defendant A conspired to manufacture the product with Defendant A, which is similar to the above I, and Defendant B manufactured the content of the parody product similar to the above I, and Defendant B shared the role of creating a parody product similar to the above I by packing the above contents.

Accordingly, on August 2013, Defendant A used the same writing and color as “M” and “N” among the above I trademarks in the G factory, G Co., Ltd., Ltd., which is located in Heung-gu L in Young-gu L in the middle of 2013, and displayed only a very small letter at the lower end of the back, and Defendant A manufactured Chapter 25,300 of “O” products, the whole composition of which is similar to that of the above I design, and continued to see Defendant B by making Chapter 74,70 of the par value with the same external shape as the above I products.

Defendant

B Manufacturing Chapter 74,700 of ‘I' products equally stating the above I and product name, brand name, product description, method of use, directions for storage and handling, storage and handling of these products in the P factory located in Seo-gu Incheon, and sending the products manufactured as above to the places designated by K, the Seoul Yongsan-gu, Seoul, the place designated by K, and K, the above "O products".

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