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(영문) 대전지방법원 2013.12.20 2013고단3581
범죄수익은닉의규제및처벌등에관한법률위반등
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of twenty million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who has manufactured clothes, etc. that forged the Montreal trademark, which is a trademark overseas, through a Chinese clothing plant, and brought them into the Republic of Korea.

1. On August 3, 2012, the Defendant violated the Trademark Act: (a) imported a trademark of Italian Republic of Korea, a trademark under a famous Accenture (MONTUA), which is a trademark registration number No. 503244; (b) imported a false trademark under a disguised declaration as if he/she imported a normal product without a trademark; and (c) imported D Internet camera and the Defendant, operated by the Defendant as if he/she sold a normal Montreal product through a general Montreal board and an agency, from that time until December 3, 2012, the Defendant infringed upon C’s trademark rights by selling a total of 11 times, including those indicated in the attached Table 1 of the Crimes List, 6,176, 930,894, and 80 won at the market price of MONEA.

2. As seen above, the Defendant violated the Customs Act was unable to import the forged trademark normally, and on August 3, 2012, in order to see as if he were imported the clothing without a trademark affixed, the Defendant imported the forged Montreal 22 produced in the clothing plant from Korea, and filed a false report and imported to the customs office without reporting the trademark column, and then filed a false report to the customs office until December 3, 2012, as shown in the attached Table 2 of the Crimes List 16,176, including the mountain clothes with a forged Montreal trademark attached, etc., on a total of 11 occasions, as shown in the attached Table 2.

3. On August 3, 2012, the Defendant violated the Act on the Regulation and Punishment of Criminal Proceeds Concealment, etc.: (a) around August 3, 2012, he/she recruited DNA carcers and Defendant products manufactured and imported in the Chinese Cheongdo clothes plant.

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