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(영문) 인천지방법원 2021.01.27 2020고단8521
상표법위반등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【2020 Highest 8521】

1. Where it is intended to export, import or return goods in violation of the Customs Act, 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;

Nevertheless, the Defendant, under the trade name “B”, has been engaged in transportation and clearance between China and Korea.

C) Around April 2013, 2013, counterfeit goods, such as “D”, which is an electrical treatment device for the launch of a flag with a forged trademark, shall be supplied 600,000 won per box who is facing the transportation and customs clearance from China to China.

The proposal was proposed.

C accepted the above proposal of the Defendant, around April 2, 2013, and around 15,00 of the "D" with a forged trademark attached from the port of China through the Incheon Customs Office, and attempted to import the total of 81,150 items, such as the "D" 15,00 pieces of crime Nos. 1, 81,00, and 150 items, such as 81,150 clocks of crime No. 1, and 150, and to import Titts and self-books as if they were imported. However, the intention was not achieved on the wind discovered by a customs inspection.

Accordingly, the Defendant conspired with the above C to import goods without filing a normal import declaration.

2. No person who violates the Trademark Act shall use a trademark identical or similar to another person's registered trademark on goods identical or similar to the designated goods;

Nevertheless, at the Incheon Customs Office around April 2, 2013, the Defendant was found to have attempted to import more than 81,150 items, including 81,150 items, including 15,00 items with a trademark registered as registration number F (the duration up to May 12, 2013) in the Korean Intellectual Property Office, such as the forged D 15,00 items attached with a trademark registered as a registration number F (the registration number up to the duration up to May 12, 2013) at the same time as above C, and 150 items with a trademark attached, for the purpose of selling them.

Accordingly, the defendant, in collusion with C, infringed the trademark rights of the above trademark right.

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