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(영문) 서울중앙지방법원 2013.08.26 2013고정1946
관세법위반등
Text

The sentence against the accused shall be determined by a fine of KRW 4,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who sells clothes with the trade name “C” in Gwanak-gu in Seoul Special Metropolitan City, and D is a person who sells electric wires with the trade name “F” in Seoul Special Metropolitan City E at the time of strike.

On January 1, 2010, the Defendant requested D to purchase a maider with a forged trademark attached by China, and D issued an order to the manufacturer of a store where the name in China is unknown at that time to the manufacturer of the store where the name in China is unknown.

Around January 26, 2010, the Defendant and D meta with 17 points that the trademark was forged in the Defendant’s office, i.e., “Espanish”. Around February 25, 2011, around February 25, 2011, the Defendant and D sealed 115 points in the same manner as “Espanish”.

As a result, the Defendant and D violated the Customs Act and the Trademark Act by importing 107,730,000 won at the Spanish market price of 189, Spanish with forged trademarks in collusion and thereby infringing registered trademark rights.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. A copy of a bill of transport of the payee;

1. e-mail output and A e-mail output;

1. Details of deposits and withdrawals from each D account;

1. Results of appraisal and the original trademark register;

1. Application of Acts and subordinate statutes to written appraisal;

1. Relevant legal provisions concerning facts constituting an offense, Articles 269(2) and 241(1) of the Customs Act, Article 30 of the Criminal Act, Article 93 of the Trademark Act, Article 30 of the Criminal Act, and the choice of fines, respectively,

1. The former part of Article 37 of the Criminal Act among concurrent crimes, and Article 278 of the Customs Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 282 (3) and (2), and Article 269 (2) of the Customs Act:

1. Recognizing and opposing the crime for sentencing under Article 334(1) of the Criminal Procedure Act, the fact that there are children requiring support, and considering the scale of the instant crime and the circumstances of the instant crime

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