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(영문) 대구지방법원 서부지원 2012.11.23 2012고정1028
상표법위반등
Text

The defendant shall be innocent.

Reasons

1. The facts charged C is a smuggling arrangement book residing in China; D is a multimodal transport arrangement businessman; E is a multimodal transport businessman; E is a domestic customs clearance book, G, H, and I is a domestic delivery book.

Any person who violates the Customs Act shall, when he/she intends to import goods, report the name, standard, quantity, price, etc. of the relevant goods to the head of a customhouse

Nevertheless, the Defendant agreed to import fake goods, such as a bags, on which he purchased in China, by pretending them as authentic goods. C collected counterfeit goods bearing the above fake trademark and sent them to Korea. D, as a general responsibility for domestic smuggling, sent the forged goods to Korea by pretending them as normal goods and then transporting them out of the bonded warehouse after changing them into the normal goods of the container. G, H, H, and I paid transportation expenses and received the said goods, and then offered in sequence with C, D, E, G, H, H, and I to perform the role of delivering them to each domestic source of origin, including the Defendant.

around September 2010, the Defendant: (a) requested C to deliver a total of 505 counterfeit goods with a label, such as the list of offenses in violation of the Customs Duties Act (hereinafter “instant forged goods”) purchased in the Republic of China or below; (b) C to the Republic of Korea; (c) on September 29, 2010, the Defendant sent 20 feet container (PCLU2050617) shipped to J at the Chinese Grand Port to Busan Port to Busan Port; (d) notified E of the fact of the entry into the port of China of counterfeit goods; (c) notified D of the fact of the entry into the port of China; (d) sent the forged goods and one e-mail number with the e-mail number with the data on delivery; and (e) the same day, as if the Busan Customs Office had the e-mail number and one e-mail number with the data on delivery; and (e) sent the forged goods under the name of Busan Customs Office, as if they were the e-mail’s normal category of aviation.

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