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(영문) 의정부지방법원 2017.12.14 2017고정2425
관세법위반등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Where it is intended to export, import or return goods in violation of the Customs Duties Act, the name, size, quantity and price of the relevant goods, and other matters prescribed by Presidential Decree shall be reported to the head of

Goods recognized as being used by a resident of the Republic of Korea (the total dutiable value of the relevant goods is equivalent to or less than 150,000 won and recognized as goods for private use) may be exempted from customs duties, and in such cases, no customs duties shall be reduced or exempted by illegal means.

Nevertheless, the Defendant, while bringing in various counterfeit goods in China, had the nominal owner who borrowed the name of the person, etc. who is entitled to exemption from customs duties on the relevant goods, had the intention to file an import declaration with the actual purchaser and use it.

On January 15, 2013, the Defendant: (a) brought in the Republic of Korea a forged siren to the Republic of Korea; (b) received a reduction of or exemption from customs duties of KRW 7,817 on the relevant goods by filing an import declaration using the Defendant’s his/her father’s phone number; (c) from around that time to July 10, 2013, the Defendant was unlawfully exempted from customs duties of KRW 227,975 on the 24 points of counterfeit goods, such as the attached list of crimes (violation of the Customs Act) in the same manner.

2. No person in violation of the Trademark Act shall use a trademark identical with another person's registered trademark for goods similar to the designated goods, or use a trademark similar to another person's registered trademark for goods similar to the designated goods, and shall possess any trademark identical with or similar to another person's registered trademark for the purpose of transferring or delivering goods identical with or similar

A. On January 15, 2013, the Defendant: (a) held a forged siren to transfer one of them to another; (b) and (c) held a forged product 24 points, i.e., the “crime inundation (Violation of Customs Act and Trademark Act (Violation)” in attached Form No. 10, July 10, 2013.

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