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Defendant
A Imprisonment with prison labor for a year and six months, and Defendant B shall be punished by imprisonment for a year.
, however, from the date this judgment becomes final.
Reasons
Punishment of the crime
1. The Defendants’ co-offenders conspired to import and distribute Chinese counterfeit products from the Republic of Korea. Defendant B managed the order production process of Chinese factories and registered business name F with the trade name and used import clearance procedures, and Defendant A shared the role of taking overall charge of domestic sales and distribution.
When it is intended to export, import or return goods in violation of the Customs Act, the name, standard, quantity and price of the relevant goods and other matters prescribed by Presidential Decree shall be reported to the head of a customs office.
On September 28, 2011, the Defendants conspired to import fakes KON (H-8358) 642 points produced by ordering the Chinese factory through the Incheon Port and did not file an import declaration, and then imported fakes (H-8358). From around that time to May 7, 2013, the Defendants imported 64,414 points (the total value of the goods is KRW 16,402,195 won) of Chinese counterfeits (the total value of the goods is KRW 16,402,195 won) in total, without filing an import declaration on 41 occasions from that time to May 7, 2013.
B. On May 23, 2013, the Defendants in collusion filed an import declaration of KRW 1,017 in the name of the HUA World Trade Organization LTPP, a Chinese customer, on May 23, 2013, and filed a false declaration of the actual price of the goods at KRW 18,024 (Korean Won KRW 3,289,020) (Korean Won), which was the price of the goods at KRW 683,90,00, from that time, with a view to affecting the determination of the amount of customs duties at least 13 times in total, as shown in the attached list 2 of the crime committed in the attached Table 2, the Korean KON filed a false declaration of the customs value at KRW 20,69 (in total, the difference between the goods cost and KRW 28,778,042, evaded tax amount, KRW 2,299,180).
C. On September 28, 2011, Defendants in violation of the Trademark Act put the forged Romers (trademark registration number: No. 0632660), 642, etc. of Chinese factory, into general KON, 2,165 points (total market value of KRW 8,813,235).