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(영문) 부산지방법원 2014.04.10 2013고정5815

관세법위반등

Text

Defendant shall be punished by a fine of seven million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. The name, standard, quantity and price of the relevant goods and other matters prescribed by Presidential Decree shall be reported to the head of a customs office before importing goods in violation of the Customs Act;

Nevertheless, on May 2, 2013, the Defendant: (a) purchased six items, such as AWC 149 items, such as AWC kys (IWC); (b) purchased six items, such as AWC kys (the goods cost of KRW 2,135,00; (c), 3,387,280), and (d) entered into the Kimhae International Airport via AB306, May 7, 2013, and intended to carry the said items without filing a declaration with the customs collector; and (b) was discovered during the customs inspection process and attempted to bring them into the Republic of Korea without filing a declaration.

2. On May 7, 2013, the Defendant violated the Trademark Act: (a) on the provision of the Kim Sea State, on the same method as that set forth in paragraph (1) of this Article, the Defendant carried in a travel room to cover 135 points (2,106,291,90 won at the time of truth) of counterfeit trademark goods (2,106,291,90 won at the time of truth) that were forged; (b) thereby infringing on the trademark rights of the relevant trademark right holder who registered with the Korean Intellectual Property Office, such as the list of crimes in the Attached Trademark Act.

Summary of Evidence

1. Defendant's legal statement;

1. An appraisal report on illegal goods, and an appraisal report on illegal goods;

1. Each written reply to the results of appraisal and the original trademark register;

1. A written accusation by the head of Kimhae;

1. Copy of the passport, and seized goods photograph;

1. Application of each of the existing Acts and subordinate statutes of subparagraphs 1 through 6 of seized evidence;

1. Articles 271(2), 269(2)1, and 241(1) (the attempted importation of smuggling) of the relevant Act concerning facts constituting an offense, and Article 93 of the Trademark Act (including the fact of infringement of trademark rights and the fact of infringement of registered trademarks);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. There is a concurrent relationship between a violation of the former part of Article 37 of the Criminal Act, Article 278 of the Customs Act and a violation of the Trademark Act, which is stipulated in the former part of Article 37 of the Criminal Act.