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(영문) 인천지방법원 2015.02.16 2014고단8978

관세법위반등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 2014, the Defendant conspiredd to import and distribute goods bearing a forged trademark to Korea (one-time C; hereinafter referred to as “C”) from which the name of Chinese nationality is unknown, and the said C decided to take charge of import clearance and domestic sales.

1. On July 21, 2014, the Defendant in violation of the Trademark Act intended to import and sell goods 1,339 points (a total of 565,200,000 won) with a trademark registered with the Korean Intellectual Property Office (registration No. 0059471) without legitimate authority to use the trademark at the (main) bonded warehouse located in Jung-gu, Incheon, Jung-gu, Incheon, and 164, and the (main bonded warehouse) with a trademark identical or similar to the trademark registered with the Korean Intellectual Property Office (registration No. 0059471), as shown in the attached list of crimes.

Accordingly, the Defendant conspiredd with C to infringe upon the trademark right of the above trademark right holder.

2. The name, standard, quantity and price of the relevant goods and other matters prescribed by Presidential Decree shall be reported to the head of any customhouse when he/she intends to export, import or return goods in violation of the Customs Act.

Nevertheless, the Defendant filed a report on the 592 points of charge of fabrication 592 at the same time and place as the preceding paragraph, and filed a report on the 592 points of charge as “brin,” and tried to import two categories of charge 1,339 points as indicated in the attached list of crimes, but was found to have been exposed to customs employees.

Accordingly, the Defendant, in collusion with C, attempted to import counterfeit goods different from reported goods.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Written accusation, accusation (invoicing), written appraisal and the original register of trademarks (influor), written appraisal and the original register of trademarks (influor), written appraisal and the original register of trademarks ( influor), B/L, seals, stalking, a certificate of real owner, a report of investigation (influoring and photographing).

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