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(영문) 의정부지방법원 고양지원 2013.04.11 2013고단282

상표법위반등

Text

Defendant

A shall be punished by a fine for negligence of KRW 8,000,000, and by a fine of KRW 2,000,000, respectively.

Defendant

A above.

Reasons

Punishment of the crime

1. Defendant A

(a) No person who violates the Trademark Act shall use a trademark identical with the registered trademark of another person for goods similar to the designated goods or use a trademark similar to the registered trademark of another person for goods identical with or similar

On February 17, 2012, the Defendant imported a mobile phone case from a Chinese seller’s name in the Incheon Central Customs Office located in 339, as of Incheon Central District, the Defendant infringed on the trademark right of the said “DISNEY” trademark (registration No. 00207) which had the same trademark as that of the “DISNEY” trademark (registration No. 00207) registered with the Korean Intellectual Property Office as designated goods by the U.S. “DSNY” trademark registered with the Korean Intellectual Property Office as a mobile phone case (registration No. 0207).

B. (1) On April 18, 2011, the Defendant involved in the evasion of customs duties filed an import declaration with the relevant Incheon Customs Office as “30 PIN DDA CABLE” 1,500, and filed an import declaration with the said Incheon Customs Office on April 18, 201, by reducing the actual purchase price of the said goods to 11,350 PIN DDA CABL 1,50, China, even though the actual purchase price of the said goods was for 11,350 China, and filed an import declaration on April 19, 2011, and subsequently evaded customs duties equivalent to 31,615 won, which are the difference, imposed on China 2,350 bills. From that time, from that time to February 29, 2012, the Defendant filed an import declaration at a total of 41 times, such as attached Table 1, and filed an import declaration at a lower level than the actual price.

As a result, in order to affect the determination of the amount of customs duties while importing goods, the Defendant filed a false declaration of the customs value and evaded the customs duties of KRW 5,203,60.

(2) On April 18, 2011, the Defendant involved in the false declaration filed an import declaration with the relevant Incheon Customs Office C on April 18, 201, as the importation declaration number “US MINI CAR CHAR CHGER” (2,00) and two kinds of goods. The actual purchase price of the goods above was 14,250 China, but China was 11.

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