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(영문) 부산지방법원 2016.11.22 2016고정3311
관세법위반등
Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

1. On April 8, 2016, the Defendant in violation of the Customs Act purchased the departure from the Republic of Korea from the Republic of Korea from the port of Kim Sea to the Philippines through the air code No. 419 on April 8, 2016, with an intent to sell it in the Republic of Korea after purchasing the forged Gatc scoos scoos manufactured in the Philippines, and purchased 36 points for the 36 points of forged Gatc scoos (the cost of goods is KRW 176,710, the market value is KRW 277,688) at a shop in the Republic of Korea on the date of departure.

On April 19, 2016, the following day, the Defendant entered the Republic of Korea from the Republic of the Philippines (PR418) to the GR418, and attempted to carry the goods into the Republic of Korea without filing a declaration with the customs office, and discovered them to the customs staff.

2. As seen in the above Paragraph 1, the Defendant violated the Trademark Act: (a) the trademark registration number “40-0193701-000,” which was registered with the Korean Intellectual Property Office on June 14, 1990 with the trademark registration number “40-01-000,” the trademark “G shockc” registered with the Korean Intellectual Property Office as the designated goods of the said Japanese trademark “Seman Pactic No. 36 (21,417,134 won at the market price of the goods)” used without permission, intended to import the said trademark right holder’s trademark right in order to sell it domestically.

The Defendant continued to purchase a forged G shock handbook from "CHAMAININE ARPON (GHL)" that he/she became aware of in the course of selling electronic equipment, such as a medium cell phone and so on through the Facebook (Faceok) with the trade name of "B," and violated the Trademark Act by selling 109 points (103,732,896 won at the market price of the actual product) in total 3,90,000 won from January 1, 2016 to February 27, 2016, as shown in the list of crimes in the attached Table.

3. The Defendant in violation of the Foreign Exchange Transactions Act is illegal in exporting goods without reporting to the head of the competent customs office the means of payment exceeding 10,000 U.S. dollars (11,507,00 won as of April 18, 2016).

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