2013 Highest 7327 Fraud, Customs Violation, Trademark Law Violation

A

Prosecution, prosecution, and prosecution.

Law Firm B, Attorney C

February 6, 2014

A defendant shall be punished by imprisonment for three years.

The evidence seized shall be confiscated from the defendant. 95,58,567 won shall be collected from the defendant.

Criminal facts

1. Fraud;

The defendant, when importing Mpoio Amerma, who had a forged trademark manufactured in China, entered "Sagle" and "less than 40" as a result of the use of international mail (Ems) and then advertised the Internet Open Market (Internet Open Market) as if he/she sold 11 or less of 11 or less of 11 or more of empics, artificial wave, or Gmarket, and had the intent to sell it to consumers as if he/she had attached a certificate of guarantee which the defendant voluntarily affixed his/her seal and sold it to him/her.

On July 15, 2010, the Defendant advertised that 100% of the fixed product guaranteed by using a photograph, etc. as if Mpoio is a fixed product, as if Mpoio, at the shopping mall site called the Open Market (Internet Site Address: www.gmaret.co.co.kr). The Defendant arbitrarily affixed D'D' seal in the column of the supply letter manufactured in China. However, Mpoio. Mpoio that is sold in the above shopping mall was a fake with a forged trademark imported in China.

On July 15, 2010, the Defendant received KRW 162,00 from the victim E as a forged trademark sales proceeds under the pretext of Mpoio Mpoma, a forged trademark, from July 15, 2010 to March 12, 2013, and acquired KRW 2,404,12,946 in total from the victim 10,954 by the same method as indicated in the attached crime list.

2. Violation of the Customs Act;

From July 2010 to the Internet open market-type shopping mall, etc., the Defendant purchased the relevant goods in China and brought them into Korea through international mail (Ems) as shown in the above paragraph (1). In the case of international mail, the Defendant entered the name of the goods into 's name' 's jewery' and 's smbox' for the purpose of avoiding customs inspection by using the points that are not entirely inspected at the customs office in the case of international mail, and then entered the price in 's 's name' in 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's '

On August 9, 2011, the Defendant imported ems item numbers, F with a domestic counterfeit trademark for sale in Korea, and imported 2,870,541 won of the cost of the 16 clock with a domestic counterfeit trademark, and 4,513,430 won of the market price without filing an import declaration.

In addition, from around that time to January 11, 2013, the Defendant imported a total of 33 times of visibility 1,166 with a forged trademark, and imported a total of 6,86,335 won of the cost of the relevant goods.

3. Violation of the Trademark Act;

On July 15, 2010, the Defendant: (a) received an order from E to deliver and sell a forged world, which was imported and kept in custody by the same method as the above paragraph (2); (b) around that time, from around 2013 to around March 5, 2013, the Defendant imported and sold a total of KRW 11,447, e.g., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., an imported trademark.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Each protocol of seizure and the list of seizure;

1. Each investigation report;

1. An appraisal report or a written accusation;

Application of Statutes

1. Article applicable to criminal facts;

Article 347(1) of the Criminal Act (each fraud), Articles 269(2)1 and 241(1) of the Customs Act (each smuggling importation), Article 93 of the Trademark Act (each infringement of trademark right)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Selection of punishment;

Each Imprisonment Selection

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Confiscation;

Article 97-2 of the Trademark Act, Article 48(1) of the Criminal Act

1. Additional collection:

Article 282 (2) and (3) of the Customs Act (Amount equivalent to the domestic wholesale price at the time of offense)

Judges Song Jin only