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(영문) 대구지방법원 2013.10.24 2013고단2776
부정경쟁방지및영업비밀보호에관한법률위반
Text

Defendant

A shall be punished by imprisonment of eight months, by imprisonment of four months, and by a fine of five million won, respectively.

Defendant .

Reasons

Punishment of the crime

Defendant

A is a business operator who imports golf loans in China, Defendant B, and Defendant C are a business operator who purchases golf loans from Defendant A and sells them to the general public.

No one shall cause confusion with another person's goods by using any one identical or similar to another person's name, trade name, trademark, container or package of goods, or any other one widely known in the Republic of Korea as one of goods, or by selling, distributing, importing, or exporting goods using such one.

1. Defendant A stated in the written indictment of a trademark similar to the trademark of “HONMA”, which is a golf loan in Japan from February 17, 2012 to August 24, 2012, but it is difficult to regard it as a “probial trademark” and it appears to have no particular impact on Defendant’s exercise of right to defense in light of the process of the hearing, etc.

From November 2, 201 to October 2012, 201, a total of KRW 69,540,000, a total of KRW 278,000,000, from China to China, sold golf products worth KRW 69,540,000 from November 2, 201 to October 201, including bringing KRW 640,000 into Korea from China, and selling KRW 278,00,00 from the Defendant’s office located in Daegu-gu Dong-gu H.

As a result, the defendant committed an act that causes confusion with the goods of mixed horses.

2. On November 2, 2011, from around October 30, 201 to around October 30, 2012, Defendant B purchased a golf-based 278 set of KRW 69,540,00 in China from around 49 times to around 500,00 and sold it to many and unspecified general public.

As a result, the defendant committed an act that causes confusion with the goods of mixed horses.

3. On April 2012, Defendant C purchased 20,000,000 won of the golf 20,000 won domestically produced from Defendant A at the Defendant’s house located in Daegu Suwon-gu I, and around that time, from around October 30, 2012, the Defendant purchased 20,000 won of the golf 20,000 won.

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