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(영문) 인천지방법원 2020.01.15 2019고단8044
상표법위반등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

1. On May 20, 2019, the Defendant violated the Customs Act: (a) imported goods, etc. with a forged trademark attached from China, such as B bags, etc., totaling KRW 88,280,00 ( KRW 56,06,594) equivalent to the market price of the goods, etc. with a forged trademark, such as the attached list of crimes (violation of the Customs Act) from China, and attempted to import them as if they were imported of clothing and miscellaneous goods; and (b) attempted to import them as if they were imported.

2. The Defendant in violation of the Trademark Act carried 5,375 points with a forged trademark (total market price of 5,956,068,00 won) into Incheon Port 7, Jung-gu, Incheon, and infringed each trademark right holder’s trademark right by bringing in the goods of 5,375 points (total market price of 5,956,068,00 won) as indicated in the attached list of crimes (violation of the Trademark Act), such as a bags on which a trademark (trademark registration number D) has been affixed to the victim C in the same manner as stated in paragraph 1

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. The accusation, the protocol of seizure, and the list of seizure;

1. Holding of a survey report (No. 15,16,17) or a request for submission of financial transaction data;

1. Application of Acts and subordinate statutes of the written appraisal and the original trademark register;

1. Article 230 of the Trademark Act, Article 271 (2), Article 269 (2) 2 and Article 241 (1) of the Customs Act (the point of attempted importation of smuggling) concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Sentencing sentencing under Article 282(2) of the Confiscation Customs Act, Article 236(1) of the Trademark Act is based on the following circumstances, and the Defendant’s age, character and conduct, environment, motive and circumstance of each of the instant offenses, means and method, circumstances after committing the instant offenses, etc., and the conditions of sentencing as indicated in the trial process.

The defendant recognizes each of the crimes of this case.

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