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(영문) 부산지방법원 2015.03.26 2014고단8039

관세법위반등

Text

Defendants shall be punished by imprisonment for one year.

However, with respect to the defendant B, C, and D, from the date of each judgment.

Reasons

Punishment of the crime

Defendant A is a person in charge of the affairs of delivering Chinese counterfeit goods to domestic customs clearance and actual owners in the course of operating a special air transport company with the name of "M" in the K store L of the Kimpo Airport International Cargo Office of Gangseo-gu Seoul Airport No. 1373, Gangseo-gu, Seoul.

Defendant

B is a person in charge of distribution to request for customs clearance of counterfeit goods to D, A, etc. who receives a certain fee from an exporter of Chinese counterfeit goods.

Defendant

C is a person in charge of distribution to request for customs clearance for counterfeit goods to D, A, etc. who is a delivery service provider after receiving a certain fee from an exporter of Chinese counterfeit goods.

Defendant

D was sentenced to one year of imprisonment with labor for a violation of the Trademark Act, etc. by the Busan District Court on October 10, 2013, and the above judgment was finalized on December 13, 2013, and it is a Chinese logistics business operator in charge of domestic customs clearance of the relevant goods after receiving fees from a distributor of counterfeit goods, such as N.

The Defendants, using the provision that customs duties are not imposed in the case of an article for use by a person of less than 1.50,00 won, intended to import a large volume of counterfeit goods manufactured in China by pretending that many domestic users purchase them directly from China for consumption.

Defendant

B, Defendant C, and N (Suspension of Prosecution on the same day) receive from manufacturers of counterfeit goods in China the cargo manifest containing personal information, such as the above goods, customs commission, names of citizens of the Republic of Korea, resident numbers, etc. from the manufacturers of the Republic of Korea, and then provide a invoice necessary for the delivery of goods in China, and Defendant D, who conducts the distribution business in China, has recruited distributors of counterfeit goods, such as the above B, and then has collected personal information and customs fees necessary for the preparation of the false cargo manifest from them, and deliver them to Defendant A, who is the operator of the domestic special shipping company, and Defendant A.

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