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(영문) 서울중앙지방법원 2017.08.08 2017고정431
부정경쟁방지및영업비밀보호에관한법률위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Co., Ltd. was established on June 24, 2013, and run a franchise business for a specialized restaurant called "E", and around 2013, a franchise franchise store reached 250.

No one shall conduct an unfair competitive act that causes confusion with another person's business facilities or activities by using any one identical or similar to the trade name, emblem or any other mark widely known in the Republic of Korea as the one indicating another person's business.

From February 10, 2005, the Defendant: (a) knew that the above “E” constitutes a trade name widely recognized domestically; (b) agreed to allow H, I, and J to use the said trademark for the restaurant signboards, etc. on May 9, 2014 after registering the trademark as “G”; and (c) granted a right to use each trademark on May 16, 201 to grant a right to use each trademark, and thereby causing confusion with the trade name of E widely recognized domestically and its facilities or activities, by granting a right to use each trademark on May 16, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of K Witness;

1. Statement statement made to K by the police;

1. A certificate of L;

1. Each report on investigation;

1. A complaint, each contract, each business registration certificate, each certified copy of each registry, each decision, and judgment; and

1. Application of Acts and subordinate statutes to the ledger of registration of service marks, a contract for approval for the use of registered trademarks, newspaper articles and advertisements related to E, list of E member stores, and contact information;

1. Relevant Article of the Act on the Prevention of Unfair Competition and Protection of Trade Secrets concerning the crime and Article 18 (3) 1 and subparagraph 1 (b) of Article 2 of the Act on the Protection of Trade Secrets (Selection of Penalty) of the same Act;

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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