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(영문) 인천지방법원 2017.06.23 2017고정1205
관세법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The name, standard, quantity and price of the relevant goods and other matters prescribed by Presidential Decree shall be reported to the head of the relevant customs office.

In addition, it should not be limited to the transfer or delivery of counterfeit goods identical with or similar to the designated goods on which another person's registered trademark or similar trademark is marked, or imported for that purpose.

1. The Defendant violated the Customs Act, around 05:30 on September 13, 2016, entered the Asia and aviation (OZ) at around 05:30, and attempted to import personal effects without reporting to the head of the customs office the items equivalent to KRW 10,586,00 (the cost of the goods 6,732,600), which were discovered in the course of carrying and importing personal effects, as shown in attached Table 1 (Violation of the Customs Act) purchased at the Chinese luminous low-class Incheon International Airport.

2. As above, the Defendant violated the Trademark Act: (a) imported 77 knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn

Summary of Evidence

1. Statement by the defendant in court;

1. Request for accusation and personal records from the sick and wounded;

1. A protocol of seizure and a list of seizure;

1. Details on the goods in violation, each request for appraisal, reply, and each appraisal report;

1. The application of Acts and subordinate statutes to report on investigation (a photographing articles in violation of statutes);

1. Article 271(2), Article 269(2)2, Article 241(1) (the attempted import of goods not declared) of the relevant Act on criminal facts, and Article 230 of the relevant Trademark Act (including the fact of infringement of trademark rights, and registered trademark)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition (only between violations of each Trademark Act);

1. Punishment;

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