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(영문) 인천지방법원 2015.11.11 2015고단4907

관세법위반등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates the “C”, which is an electronic tobacco sales store in Osan-si, Gyeonggi-do.

Any person who intends to import declaration goods shall file a false declaration on their dutiable value with the head of the relevant customs office on the name, standard, quantity and other matters prescribed by Presidential Decree, and shall not import and sell the goods bearing a trademark identical or similar to another person's trademark registered with the Korean Intellectual Property Office, or any goods bearing a trademark identical or similar to another person's trademark to influence the determination of their customs duties

1. Around December 30, 2014, the Defendant evaded customs duties 4,695 won by filing an import declaration at a low price equivalent to KRW 3,156,686, even though the actual payment price was KRW 3,156,60, and the actual payment price was KRW 3,156,60, while filing an import declaration on an import declaration on an amount equivalent to KRW 1453 S NEBL (Tax Rate 8%) from 1,80 to 1,80 to 3,157,917 to the customs office.

The Defendant evaded customs duties of KRW 1,221,877 equivalent to the difference cost of KRW 15,318,349 (the difference price of KRW 24,081,930) with respect to the goods of KRW 119,860, such as domestically produced electronic tobacco, etc. over 13 occasions from the above date to February 25, 2015, as shown in the annexed List of Crimes.

2. On January 19, 2015, the Defendant violated the Trademark Act: (a) loaded 1,000 forged low-end electronic tobacco 1,00 to the cargo management number F using Part VI, a cargo management line going to and from China’s tindo and Incheon port; (b) brought the Incheon Jung-gu Port 7 to the second designated warehouse of the Incheon Customs Office; and (c) discovered the cargo management inspection by the customs office.

The goods are electronic tobacco attached to the Korean Intellectual Property Office, which is identical or similar to the JUSTFG, registered as the designated goods (trademark No. 40-0854975, February 28, 2021) by the E-SIFG Co., Ltd., Ltd., with the Korean Intellectual Property Office, and is in Korea equivalent to KRW 7,400,000 at the price of forged low-sIG electronic cigarette 1,00.

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