The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

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

From October 18, 2010 to operate the Internet shopping mall, the victim C sold imported children’s uniforms in the name of “D”. The number of its members exceeds 8,000, and there is an off-line store in Seoul and Busan, and there is a widely recognized trade name among persons who sell and purchase infant uniforms, such as sponsoring the shop occupants and TV contributors.

Nevertheless, around May 14, 2012, the Defendant opened a car page with the trade name “E” on the Internet NAV website. On October 2012, the Defendant opened a store on the 1st floor F in Daegu Northern-gu, Daegu-gu, and sold goods identical or similar to the goods handled by the victim during the period from that time until November 15, 2013, thereby causing confusion with the business activities of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement concerning G;

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

1. Penalty fine of KRW 3,000,000 to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act of the suspended sentence (see, e.g., Article 59 (1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 2, 2006);