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(영문) 인천지방법원 2014.05.20 2014고단810
상표법위반등
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence1 through 22 shall be confiscated from the accused.

Reasons

Punishment of the crime

1. No person who violates the Trademark Act shall use a trademark identical with the registered trademark of another person for goods similar to the designated goods, use it on goods identical with or similar to the designated goods, and possess for the purpose of transferring or delivering goods identical with or similar to the designated goods on which the registered trademark of another person or a trademark similar to

Nevertheless, around December 10, 2012, the Defendant brought in total amounting to KRW 94,464,686 of the value of counterfeit goods as stated in the attached list 1, such as counterfeited goods purchased from the People's Republic of China using the Chinese Twit-dong No. 3 of Jung-gu Incheon, China's Republic of China's Twit-dong No. 31-7, and then infringed upon each trademark right holder's trademark right, such as the trademark right of "PRA", which was registered with the Korean Intellectual Property Office by "PRA" company.

2. Any person who violates the Customs Act shall, when he/she intends to export, import or return goods, file a report thereon with the head of the relevant customs office on the name, standard, quantity and price of the relevant goods

Nevertheless, on December 10, 2012, the Defendant failed to import 16,180,450 won in total of the goods as stated in the attached list 2, such as forged Rada A purchased from the People's Republic of China using the place described in paragraph (1) around December 10, 2012 and the name of the Dong-dong, which is not reported to the head of the customs office, from the port of China and the port of Incheon, and attempted to import 490 won in total.

Summary of Evidence

1. Defendant's legal statement;

1. Written accusation and custody certificate;

1. Declaration of smuggling and accompanying documents (number 3 through 7), investigation report (verification, etc. of illegal goods), and accompanying documents (number 19 through 24);

1. Application of Acts and subordinate statutes on seizure records;

1. Articles 93 and 93 of the Trademark Act regarding criminal facts and the choice of punishment

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