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(영문) 인천지방법원 2014.02.14 2013고정4694
상표법위반등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Joint criminal conduct by the Defendant and B;

A. On November 6, 2012, the Defendant and B violated the Trademark Act by importing 102 points of forged NIK trademarks from China to deliver them to domestic shippers, and by importing them to the designated storage place at Kimpo Customs Office on November 6, 2012, each trademark right holder’s registration of each trademark holder was infringed by importing NIK trademark total of 1,358 points (2,395,535,751 won at the registered product market price) including forged NIK trademark movement files, as described in the list of crimes, from that time, the trademark right of the trademark holder’s trademark right was infringed upon by the NIK trademark owner’s registration without legitimate authority.

In addition, the Defendant and B, on November 7, 2012, imported from China to the “D” office located in Jung-gu Incheon Metropolitan City, 829, and stored one point for a domestic shipper, which was returned to deliver to others again, and without legitimate use was discovered, the Defendant and B infringed upon each trademark right holder’s right to registered trademark by importing and storing counterfeit goods 19 points (at the real price of the real goods, corresponding to 61,359,440 won) such as forged MONCF trademarks, which were registered (registration number: No. 03777) as the designated goods of the Korean Intellectual Property Office as the trademark registration (registration number: No. 0377), as indicated in the list of crimes, for the purpose of delivering them to others.

B. The Defendant and B in violation of the Customs Act intended the reduction of or exemption from customs duties, etc. by means of filing a declaration with the customs office as if they import a small amount of goods for their own consumption after importing a large quantity of counterfeit goods, by distributing them in the piece of piece, by entering them in the name of a large number of persons that stolen the taxpayers, and are engaged in business, such as dispersion of counterfeit goods, customs clearance, and domestic

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