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(영문) 인천지방법원 2017.05.11 2017고단1761
관세법위반등
Text

Defendant

A Imprisonment for one year and each of the defendants B shall be punished by imprisonment for eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Where it is intended to import goods in violation of the Customs 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 the relevant customs office and shall not import the relevant goods after declaration;

Nevertheless, around August 2015, the Defendants imported goods with C and forged trademarks from China to sell them in Korea.

Accordingly, if C orders forged goods to a person who was named in the name in the name in China (hereinafter referred to as "the name in the name in the name in China"), Defendant A sent them to Korea. Defendant B received as the owner in the name in the name in question and offered to deliver them to the person designated by C in order to participate in the role sharing, and carried them into D on September 12, 2015 in accordance with the above public offering, and submitted a false cargo list stating the name in the name in the name in the name of Incheon, such as mobile phone case, twits, diskettes, self-book, etc., and submitted a false cargo list, such as the name in the name in the name in the attached Form 1 (Customs Act), 21,354 points such as the old package with the trademark in the name in the attached Form 1 (19,921,620 won of the cost of goods) and attempted to import them to a customs office.

2. No person in violation of the Trademark Act shall deliver, sell, forge, imitate, or possess a trademark identical or similar to another person's registered trademark for the purpose of using it on goods identical or similar to the designated goods;

Nevertheless, according to the public offering such as C and C, the Defendants possess 22,802 points (2,970,549,750 won at the fixed price) for the purpose of smuggling for the purpose of being used by others, such as in attached Table 2, including forged bags with a trademark similar to “GUCCI” registered as designated goods, such as bags, Dozers, Dozers, and Dozers, etc. (hereinafter “GUCCI”), as in attached Table 1.

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