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(영문) 대구지방법원 2013.09.06 2013고단4280
상표법위반등
Text

Defendants shall be punished by a fine of three million won.

If the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

1. No person in violation of the Trademark Act shall use a trademark identical or similar to the registered trademark of another person on goods identical or similar to the designated goods;

Nevertheless, around March 2013, the Defendants entered the Republic of Korea a forged MLB mother of Defendant B, and the Defendant A decided to sell it.

Defendant

B around March 15, 2013, around 2013, purchased a domestic MLB cap 6,254 points (market price of 138,88,830 won) from among those with a trademark identical or similar to the registered trademark of MLBE (trademark number No. 642916, 491085 and 545326) from China, China, the mother-and-child factory in Cheongyang-gu, Cheongyang-gu, China, and sent it to the Defendant, through "E", which is a domestic logistics company, and the Defendant displayed and stored the above forged MLB cap in order to sell it from "G" of the 1st, Daegu Dong-gu, 2013.

Accordingly, Defendants conspired to use a trademark identical or similar to another person’s registered trademark on goods identical or similar to the designated goods.

2. Any person who violates the Customs Duties Act shall, when he intends to import goods from any foreign country, file a report thereon with the head of the relevant customs office on the name, standard, quantity and price of such goods

Nevertheless, around March 2013, the Defendants decided to purchase NYNNM produced by Defendant B in China and bring them into the Republic of Korea without filing a customs declaration for sale at Defendant A’s store.

Accordingly, Defendant B brought the NYNYM 891 points produced in China into Korea without customs declaration and delivered them to Defendant A.

Accordingly, the Defendants imported goods without filing a declaration in collusion.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of seizure;

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