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(영문) 인천지방법원 2020.01.21 2019고단1949
관세법위반등
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Seized evidence 4 through 28 shall be confiscated, respectively.

Reasons

Punishment of the crime

No one shall acquire, transfer, transport, store, or mediate goods imported without filing a report thereon with the head of any customhouse, and deliver, sell, forge, forge, imitate, or possess a trademark identical or similar to another person's registered trademark for the purpose of using such goods for goods identical or similar to the designated goods, and sell drugs, etc. which have caused or are likely to cause harm to national health and drugs, etc. deemed as having no efficacy, or manufacture, import, store, or display such drugs for the purpose of selling them.

Nevertheless, around February 14, 2019, the Defendant: 25,510 F.F. 25,510 marks (F. 7,653,00 won, authentic goods price of which is 459,180,000 won) with marks similar to those registered with the Korean Intellectual Property Office (registration number: H: 7,152,00 won, genuine goods price of which is 379,000 won, and authentic goods price of which is 459,180,000 won) with the purpose of selling medicines, etc. for treatment of disorder in character and function of the USG company as designated goods; 23,840 m. (3,840 m.: H: 7,152,00 won with the goods price of which is 379,056,000 won, 379,056,000 won with the knowledge of the wide range of goods price of which is identical to those of the Korean Intellectual Property Office.

Accordingly, the defendant stored the imported goods without filing a report with the head of the customs office, infringed the trademark rights of the above trademark right holder, and sold the drugs that were or are likely to be harmful to the national health and drugs that are deemed to have no efficacy.

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