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(영문) 인천지방법원 2018.08.30 2018고정819

관세법위반등

Text

Defendant shall be punished by a fine of KRW 30 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. No trademark identical with another person's registered trademark without due authority in violation of the Trademark Act and the Copyright Act shall be used for goods similar to the designated goods or used for goods identical with or similar to the designated goods, and no trademark similar to another person's registered trademark shall be imported for the purpose of distributing goods that may be infringed upon;

Nevertheless, around March 2017, the Defendant, along with B (personal information) residing in China, sold part of the goods with a forged trademark, and collected some of them from many unspecified domestic sales books designated by B at the same time as customs clearance and transportation.

Accordingly, the Defendant did not have the right to use the trademark of “F” registered in the Republic of Korea (trademark registration No. 5) by Switzerland “D” as designated goods by Switzerland as designated goods, but did not have the right to use the trademark of “F” on March 24, 2017, including the fact that the Defendant was discovered in the course of the inspection of imported goods by using a container with a forged trademark of at least 13,165 points (15,857,471,191 won at the market price of the authentic goods) such as forged F, etc. (15,857,471,191 won at the market price of the authentic goods)

1. As indicated in “A Trademark Infringement Details”, “Attachment D” and 58 holders of trademark rights infringed on the trademark rights of “D” and “Attachment 996”, which was discovered in the course of the inspection of imported goods, to bring in as cargo, a forged J-type 250 points which reproduced J, a work of “I” corporation, located in the Republic of Korea, without legitimate authority to use the copyright, which is a copyrighted work of “I” corporation.

3. As stated in “A Copyright Infringement Details,” “I Co., Ltd. and one other infringed on the copyright.”

2. When it is intended to import goods in violation of the Customs Act, the name, size, quantity, price, etc. of the relevant goods and other matters prescribed by Presidential Decree shall be reported to the head of a customs office.

Nevertheless, the defendant was exported in Korea on March 24, 2017 according to the mother's mother, which is identical to paragraph 1.