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(영문) 서울남부지방법원 2016.07.05 2016고단1154

관세법위반등

Text

Defendants shall be punished by imprisonment for ten months.

However, each of the above two years against the Defendants from the date of the final judgment.

Reasons

Punishment of the crime

The Defendants opened a website called ‘C', imported smugglingly a domestic counterfeit trademark movement through the Internet, and conspired to sell it.

1. The Defendants in violation of the Customs Act conspired to operate the “C”, which is an Internet shopping mall from March 2012. From May 17, 2012, the Defendants purchased the relevant goods in China after being ordered to put a forged trademark of an amount of KRW 54,500 for the cost of the goods with the trademark attached, and carried them into the Kim Jong-po Airport on May 18, 2012. The Defendants, an electronic commerce company, should import the Defendants or “C” as an import owner, and it was difficult to import the goods in a fixed manner because they could not import the goods that infringe on intellectual property rights, and thus, it was difficult to import the goods in a small amount of goods for the purpose of use, thereby making it difficult for the Defendants to import the goods in a small amount of goods directly imported for the purpose of use, thereby making it difficult for the Defendants to import the goods in a large amount of money without filing an import declaration, and thereby re-importing the total market price of KRW 284,000 from that date.

2. On March 10, 2012, Defendants in violation of the Trademark Act sold a forged trademark 161,956,000 won at a total of 943 square meters, as shown in the attached Table 2, among the following from around December 4, 2012 to around 10: (a) the Defendant sold a forged trademark 161,956,000 won at a price of 161,943 square meters at 943 square meters, in collusion, with an order from a purchaser at a fluoral price to a fluoral buyer who was placed a forged trademark.

As a result, the Defendants conspired with the U.S. “N.’s age-based LTD” company registered sports files with the Korean Intellectual Property Office as designated goods (NIKE, 0229092), and “NIK, 029092” registered as trademark goods by the Korean Intellectual Property Office (NIK, 029092).

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