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(영문) 서울중앙지방법원 2014.07.04 2014고정2098
관세법위반등
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

The defendant establishes Internet carpet B and C and sells famous brand bags, etc. to domestic buyers.

1. Where goods imported from a foreign country in violation of the Customs Act are commercial goods not used by the person equivalent to or less than 150,000 won in total, the customs duties shall not be reduced;

Nevertheless, on November 8, 2013, the Defendant issued an order of 1 LOUS VUITN, BAG N25232) from the luxa (www.tabacom) on the sales site of a foreign country on November 8, 2013, and filed an import declaration (declaration number: 10870-13-892175U) in the name of the Defendant and luxa D, and illegally reduced or exempted customs duties of 8,570 won to be imposed normally on the goods he/she reported as goods he/she used, from that time to January 16, 2014.

1. A, as described in the List of Offenses (Unlawful Reduction and Exemptions), customs duties of 365,870 won, which are imposed on the cost of the goods of 29 points, including a total of 29 times via the same method (the price equivalent to 5,076,578 won at the penalty price), was unlawfully reduced or exempted.

2. On November 8, 2013, the Defendant in violation of the Trademark Act: (a) sold the “LOUS VUTON” (registration number: No. 59469) that the Defendant registered the trademark of the Republic of Korea to the Korean Intellectual Property Office through Internet carpets B and C on November 8, 2013; (b) from that time, up to January 16, 2014.

2. The trademark right holder infringed upon each of the trademark rights holders by selling 30 points for goods identical with or similar to the designated goods on which another person's registered trademark is indicated, such as the list of crimes (violation of the Trademark Act).

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation (Preparation of a list of crimes), and a report on investigation (an investigation of an informant and a suspect);

1. The laws and subordinate statutes stipulate output of the website, such as B NAP, B (former CNA, etc.) import performance, request for appraisal and reply as to whether the authentic goods are genuine goods, details of our bank account transaction (sale) and request for appraisal of authentic goods.

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