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(영문) 서울남부지방법원 2013.12.09 2013고정1797
관세법위반등
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

C is a person who is a provider of multiple cargo transportation services (ju)D, and the defendant is a person who is engaged in the business of transportation brokerage and customs clearance of electronic commerce products imported from China to China along with C.

The Defendant and C conspired in sequence with one E-president and transportation manager, who is a person dealing with counterfeit goods residing in China, and the Defendant and C reported the personal information of others who are not the actual owner, to the customs office, and aided and abetting the import of trademark infringement products, such as G and H, which are the actual owner, by pretending that they are imported for private use by themselves.

1. Where an import declaration is filed with any customs office that violates the Customs Act, no false declaration shall be filed on matters prescribed by Presidential Decree, such as the name, standard, quantity, price, and resident registration number of any person liable for duty payment;

Nevertheless, around September 15, 2012, the Defendant and C conspired with each other and filed a false declaration on the personal information of the owner of the goods at the time of filing an import declaration on 499 occasions, including by falsely filing a false declaration on the owner of the goods (taxpayer) among the customs matters, in the course of performing customs clearance on an import declaration on the 10th day of 1,00,000 won won, attached with the forged trademark “TORYBURCH” imported through the Kimpo Airport located in Gangseo-gu Seoul Airport, Gangseo-gu, Seoul, and at the time of filing an import declaration on the 99 occasions, from October 23, 2012.

2. No person shall use a trademark identical with the registered trademark of another person for goods similar to the designated goods or use a trademark similar to the registered trademark of another person on goods identical with or similar to the designated goods;

Nevertheless, the defendant and C conspired with each other on September 20, 2012, and registered the trademark right of the owner of the right through the above Kimpo Airport.

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