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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.
Reasons
Punishment of the crime
The Defendant is a person who operates a mutually named director cargo transport business entity, "D," in a same-sex city in China.
1. On October 25, 201, in collusion with E on October 25, 201, the Defendant violated the Customs Act: (a) an individual loaded in a private cargo container seven items listed in the annexed crime sight table, such as red powder powder powder, and a total of 39,254,640 won in the market price, and (b) through Incheon port, carried the goods into the designated storage place of the Incheon Jung-gu Incheon Customs Office located in 1-18, and then carried them into the second designated storage place of the Incheon Customs Office, and attempted to import them without filing an import declaration; (c) but (d) was discovered during the process of inspecting goods in the customs house on the same day
2. No person who violates the Trademark Act shall use a trademark identical or similar to the registered trademark of another person for the designated goods or goods similar thereto, and shall possess or import the aforementioned forged goods;
On October 25, 2011, the Defendant conspired with E, and attempted to load four items listed in the attached Table 4 to 52,438,00 won in total of the market price of refined goods in a private cargo container, and to import them into the Republic of Korea, and to import them into the Republic of Korea.
As a result, the Defendant infringed four trademark rights, such as Loluged trademark, which the French F had been registered with the Korean Intellectual Property Office as the Republic of Korea No. 030235.
Summary of Evidence
1. Defendant's legal statement;
1. Each prosecutor's interrogation protocol concerning E;
1. Each police suspect interrogation protocol regarding E;
1. Application of Acts and subordinate statutes to the records of seizure, the list of seizure, each written appraisal, each written appraisal of counterfeit goods, each trademark register, the photographs of seized goods, and the suspect E currency details;
1. Article 271 (2), Article 269 (2) 1, Article 241 (1) of the relevant Act concerning facts constituting an offense (the attempted importation of smuggling) and Article 93 of the Trademark Act;
1. Articles 40 and 50 of the Criminal Code of Trade and Trade (Mutually Violating the Trademark Act) are 1.