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(영문) 서울북부지방법원 2020.12.17 2019고단4615
대외무역법위반
Text

1. Defendant A shall be punished by imprisonment for six months and by a fine of fifteen thousand won.

The above fine shall not be paid by the defendant.

Reasons

Punishment of the crime

Defendant

A is a person who operates Company D in Songpa-gu F and 3rd floor in Songpa-gu Seoul, Defendant C is a person who operates Company E in Hanam-si, Defendant D is a corporation established for the purpose of manufacturing and selling textile miscellaneous products, and Defendant E is a corporation established for the purpose of manufacturing and processing clothing.

Defendant

A purchased finished products from domestic enterprises, such as I located in Jung-gu Seoul Metropolitan Government H due to the absence of separate manufacturing facilities in D, and removed labels already attached to A, and sold clothing in the way of attaching their trade marks to D (tentatively referred to as "brate"). From April 2016 to December 31, 2018, A requested Defendant C’s replacement work with labels to Defendant E, and requested Defendant B’s subsidiaries to replace labels from December 2018 to February 2019.

1. No distributor of goods, etc. jointly committed by Defendants A and C shall make a false or misleading indication of origin or make a misleading indication of origin;

Nevertheless, Defendant A mentioned the poor sales volume of D products, around 2016, instructed J and K, a person in charge of the planning affairs of the same company, to place false indication of the origin of “over” products, such as “the market-invested product shall be set up in Korea.” At that time J and K, without stating that the place of production of “over” products is China, prepared a manufacturing order and delivered L, a person in charge of manufacturing the same company labeling, to L, a person in charge of manufacturing the same company labels, and L produced a label stating “MADE INKREA”, and delivered L to E, a corporation.

Meanwhile, around January 3, 2018, Defendant C’s place of origin is false when attaching “MADEIN CHA” labels received from the said L, because Defendant A stated “MADE INCHA” labels on the existing labels of “BE” products sold by Defendant A.

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