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(영문) 서울남부지방법원 2015.02.09 2014고정2064
부정경쟁방지및영업비밀보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall misrepresent another person's goods, or advertise or make a mark that leads the public to misunderstand the quality, content, manufacturing method, use or quantity of goods in any goods or advertisement thereof, or sell, distribute, import or export goods using such method or mark.

Nevertheless, around September 26, 2013, the Defendant advertised “F” products to be produced and supplied by the Defendant through the Internet next car page in the office of the Defendant’s management Co., Ltd., the Geumcheon-gu Seoul Metropolitan Government (C701), while entering into an exclusive supply contract with H companies on November 201, 2012, G used the advertisement of “I” certified by the U.S. FDA, thereby misrepresenting the said I and misleading the quality, content, manufacturing method, etc. of the F.

Summary of Evidence

1. Legal statement of witness G;

1. Partial statement of the police interrogation protocol of the accused;

1. A complaint;

1. Application of Acts and subordinate statutes to screen pictures by capturing an advertisement posted on the Internet on the side of the complainants, the front page of the defendant's address, and the complainants;

1. Article 18 (3) 1 of the Unfair Competition Prevention and Trade Secret Protection Act and Articles 18 (3) 1 and 2 subparagraph 1 (f) of the Unfair Competition Prevention and Trade Secret Protection Act concerning facts constituting an offense;

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

1. The Defendant’s defense counsel on the assertion of the defense counsel under Article 334(1) of the Criminal Procedure Act asserts that the “F” products, which the Defendant intended to release, were the same as those supplied to H company by J, and were exported to the United States through closure of the H company’s website where J’s photograph was located, and that they did not misrepresent others’ goods or advertise or mark that misleads others’ goods or advertisements thereof.

The "other goods" under Article 2 subparagraph 1 (f) of the Unfair Competition Prevention and Trade Secret Protection Act.

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