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(영문) 수원지방법원 여주지원 2016.10.18 2016고정221
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

No one shall, without justifiable grounds prescribed by Presidential Decree, such as non-commercial use, use another person's name, trade name, trademark, container or package of goods, or any other mark identical or similar to another person's goods or business mark widely known in the Republic of Korea, or sell, distribute, import or export goods using such a mark, thereby impairing the distinctiveness or reputation of another person'

From July 27, 2015 to November 14, 2016, the Defendant operated a restaurant under the trade name of the Defendant’s operation D in Gyeonggi-gun, Gyeonggi-gun, with the trade name of the Defendant from July 27, 2015 to November 2015, using the name “LOUS VUITN”, “LV diagrams”, a trademark registered by the victim, and “LVMonogram” in the Defendant’s store, and thereby damaging the distinctiveness or reputation of the victim’s mark by using the trade name, trademark, or trade name similar thereto, etc. widely recognized within the Republic of Korea, without justifiable grounds, by changing the name of the said restaurant from November 27, 2015 to June 14, 2016, which was a recommendation for reconciliation with the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The report on the result of the civil procedure;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 18 (3) 1 and subparagraph 1 (c) of Article 2 of the Unfair Competition Prevention and Business Confidentiality Act concerning facts constituting an offense and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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