Defendant shall be punished by a fine of KRW 400,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

No person shall conduct an unfair competitive act that causes confusion with another person's goods by using any mark identical or similar to another person's name, trade name, trademark, or container or package of goods, or any other mark indicating another person's goods, which is widely known in the Republic of Korea, or by selling, distributing, importing, or exporting goods using such mark without justifiable grounds.

Nevertheless, the Defendant engaged in beauty art business in the name of “C” on the B B B in Gwangjin-gu Seoul Special Metropolitan City, and operated the beauty art room from July 1, 2015 to February 1, 2018, and used the trademark similar to “E”, which is a well-known trademark, as the trade name of the victim D without justifiable grounds, by displaying it as “C” on the outer wall of the building, etc. from around July 1, 2015 to around February 2, 2018.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. Application of the Act and subordinate statutes of the investigative report (hereinafter “C”)

1. Relevant legal provisions concerning criminal facts, Articles 18(3)1 and 2 subparag. 1 (c) of the Unfair Competition Prevention and Trade Secret Protection Act, and the selection of fines for criminal facts;

1. Articles 70(1) and 69(2) of the Criminal Act concerning the confinement of a workhouse (the defendant and his/her defense counsel) [the trade name used by the defendant and his/her defense counsel is not similar to E, and there was no intention of damage;

The argument is asserted.

The following circumstances acknowledged by the evidence duly adopted and investigated by the court of this Court: ① in the trade name used by the defendant, the height of the above-mentioned shape is marked as C, and some of the parts are different from E, but it cannot be viewed as a trade name or mark in the above-mentioned shape, and the part of H is also the same as the trade name and mark, and most of G and E are the same, and the design actually used is also added to “H” in the reproduction of the design of E as it is (the page 46 of the investigation record); ②.