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Defendant
A Imprisonment for one year, Defendant B shall be punished by imprisonment for one year, and Defendant C shall be punished by a fine of KRW 5,00,000.
Reasons
Punishment of the crime
Defendant
A is the representative who operates a company "C" in G at the time of strike, and the defendant B is the husband of A who jointly operates the above company.
1. Violation of the Unfair Competition Prevention and Trade Secret Protection Act;
(a) No person who commits a joint crime by Defendant A or B shall use another person’s name, trade name, trademark, or container or package of goods, or any other mark identical or similar to a mark indicating another person’s goods, which is widely known in the Republic of Korea, or sell, distribute, import, or export goods using such a mark to cause confusion with another person’s goods;
Nevertheless, from April 17, 2013 to December 30, 2014, the Defendants conspired and sold the victim H’s “I” sign to be widely known to the above C store through a court judgment (Seoul High Court Decision 2012Na 63320) and attached the “I” sign to a household, including a flick, that he sells, thereby causing confusion with the products of the victim.
B. Defendant C Co., Ltd. committed the above violation in relation to the Defendant’s business at the time and place described in the above A. A, the representative of the Defendant, and the Defendant C’s employees.
2. Violation of the Trademark Act;
(a) No person shall use a trademark identical to another person’s registered trademark on goods similar to the designated goods, or use a trademark similar to another person’s registered trademark on goods identical with or similar to the designated goods;
Nevertheless, on October 29, 2012, the Defendants conspired to sell the above store to the customers who found the above store by attaching the trademark "I", which is similar to the "I" registered with the Korean Intellectual Property Office, on the designated goods by the victim H as the electrical lives, etc. at the store located in G in Pakistan-si on October 29, 2012.