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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant is a person who operates a “C” company that manufactures and distributes fire-fighting products, etc. in Spocheon-si B.
1. Around December 19, 2016, the Defendant filed an application with the victim D on the date E in the above C Office, registered the F date’s design (registration number G), applied for registration of the E date, and infringed the victim’s design right by producing two caps of the design that is the same as or similar to the fire hydrants caps of the design that is identical to or similar to the fire hydrants of the H date (l.e., for firemen to make it easy for them to use the fire hydrants when opening by hand) and selling it to the J Company.
2. On December 27, 2016, the Defendant infringed the victim’s design right by producing 65 fire hydrants caps of the design that is identical or similar to the fire hydrant caps registered by the injured party to the above C office and sell it to the (ju)C, and at the same time infringed the victim’s right of design by generating 65 caps of the design that is identical or similar to the fire hydrant caps registered by the injured party to the design.
Summary of Evidence
1. Statement by the defendant in court;
1. The filing of a complaint, the business registration certificate, the registration certificate of a new design for practical use, the registration certificate, the application picture, the closure photograph prior to firefighting, the suspect interrogation protocol, the warning letter, response, the statement prepared by the police against D, the investigation report (products photographing), the details of supply of the fire-fighting industry C, each transaction list (return case,J), and the receipt, etc. of a written complaint against A by the suspect;
1. Application of Acts and subordinate statutes to inquiries, such as criminal history;
1. Article 220 (1) of the Design Protection Act (the point of infringement of a design right) of the relevant Act on facts constituting an offense and Article 45 (1) of the Act on the Newly Inserted by Presidential Decree No. 22060, Dec. 1, 201
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of an alternative fine for punishment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is examined, and the defendant recognizes all the criminal facts of this case.