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(영문) 인천지방법원 2019.09.05 2019고단3945
상표법위반등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 21, 2010, the Defendant, at the Seoul Central District Court, sentenced one year of imprisonment and a fine of KRW 50 million to a violation of the Foreign Exchange Transactions Act, and completed the execution of the said sentence on September 1, 201.

1. The Defendant in violation of the Customs Act, along with B, gathered that the Defendant transported the goods bearing a forged trademark in China to the Republic of Korea, and that B intended to import the goods bearing a forged trademark into the Republic of Korea by filing an import declaration in a way that the name of the goods is falsely stated.

On March 29, 2013, the Defendant, in collusion with B, imported goods of the total market value of 179,930,200 won, such as a bank with a forged trademark, 52 points, etc. attached to the Incheon port located in the port-dong 7, Jung-gu, Incheon, China, as indicated in the list of smuggling imports, and attempted to import the goods of the total of 179,930,200 won, such as a bank with a forged trademark attached, as if they were imported new domestically, and then imported the goods of the total of 49,158 won.

2. No trademark identical with the registered trademark of another person in violation of the Trademark Act shall be used for goods similar to the designated goods, or a trademark similar to the registered trademark of another person shall be used for goods

Nevertheless, in collusion with B, the Defendant imported a total of 7,603 points (total market price of authentic goods 6,084,861,603 won) with a forged trademark attached, such as the details of forged goods in attached Form 7, to transfer or deliver goods to Incheon, and carried them into Incheon for the purpose of infringing the trademark rights of each trademark holder.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol concerning B by the prosecution;

1. A written accusation;

1. Details of the cargo clearance process information, B/l, the cargo manifest, electronic mail output, travelers' entry and departure records;

1. Storages and business information profilings E.

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