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(영문) 인천지방법원 2019.01.24 2018고단8240
관세법위반등
Text

[Defendant A] The defendant shall be punished by imprisonment for one year.

However, the above sentence shall be executed for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendants’ co-principal

(a) No person who violates the Trademark Act shall possess goods identical or similar to the designated goods bearing another person's registered trademark or any similar trademark for the purpose of transferring or delivering them;

Defendant

A around July 2017, in order to sell counterfeit goods closely imported from the “C President”, a Chinese nationality, in Korea, leased a container warehouse and kept counterfeit goods. Defendant B conspired to transport and sell the counterfeit goods to the Dongdaemun-gu market located in Dongdaemun-gu Seoul on condition that he/she receives approximately KRW 500,000 won in the main price. On June 22, 2018, around 2018, he/she held a total of 17,767 points, such as HA and 481 points registered with the Korean Intellectual Property Office (Registration Number G) at the Korea Intellectual Property Office (11,66,715,974 won of the authentic goods price).

(b) No person who violates the Customs Act shall acquire, transfer, transport, keep in custody, mediate or appraise the imported goods;

On June 22, 2018, the Defendants conspired as described in the above paragraph (a), and kept 17,767 points in total (the value of the goods is KRW 216,847,00 and KRW 341,031,70 in market price) of counterfeit goods (the value of the goods is KRW 216,847,00 and KRW 341,031,700 in total) imported as a trademark registration (registration number G) with the Korean Intellectual Property Office, as described in the list of crimes, at E-container D at Guri-si.

2. Defendant B’s sole criminal conduct

(a) No person who violates the Trademark Act shall import goods bearing a trademark identical or similar to the registered trademark of another person for the purpose of delivering them;

The Defendant imported counterfeit goods using the name, etc. in the international special mail, etc. and intended to sell them in Korea. On March 14, 2018, the Defendant: (a) sealed the forged H flag that F registered with the Korean Intellectual Property Office (registration number G) on the international special mail (mail number I and the name of the addressee) on March 14, 2018; (b) and (c) sealed the Defendant’s trademark registration (registration number G) to the Korean Intellectual Property Office from that time until August 1, 2018.

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