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(영문) 부산지방법원 2013.11.14 2013고단4797
관세법위반등
Text

Defendant

A shall be punished by imprisonment for eight months, and by a fine of four million won, respectively.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

Defendant

A is a person who works as a cook of E belonging to D, and the fake B was transported to the Republic of Korea after transporting it to the Republic of Korea, and the defendant B was delivered to the defendant B with the above fake, and the defendant B conspired to import the fake B with the receipt of the offer that the defendant A would receive and keep the delivery of the above fake B with the opposite transferee in his name, and the delivery of it to the other transferee in his name is made.

1. Defendant A violated the Customs Act: (a) around April 1, 2013, at the port of Cheongdo in China, found the above E, which had been anchored at the port of Cheongdo in Cheongdo in China, 9,00 of the fake Bagra 9,00, 10, 10,460 of the fake Bag 29,870, and 10,460 of the fake lag Mag Mag Mags, which were manufactured for the transport of smugglings, and was concealed in the bedroom of the Defendant.

Defendant

A On April 3, 2013, when the above E entered the port of Busan, it did not report the above items at the time of entry into the port of Busan, and tried to pass through the port of Busan, which was the police assigned for the guard of the port of Busan, while on duty.

The Defendants attempted to import a total amount of KRW 103,890,00 (the value of the goods is equivalent to KRW 66,074,040) at the market price of 49,330 fake Bagra, a total of 49,330 market prices as above.

2. The Defendants in violation of the Trademark Act, as mentioned in the above paragraph (1), imported the medicine attached with a trademark similar to the trademark attached to the U.S. “CIALS” to the Korean Intellectual Property Office as designated goods, and infringed the trademark rights of the said trademark right holder by the non-Agra (VGRA No. 0387168), the “IgRA” and the “Agra LELC” registered with the Korean Intellectual Property Office as the designated goods for the treatment and prevention of sexual functional disorder (CIALS No. 0491839, 0491830).

Summary of Evidence

1. Defendants’ respective legal statements 1.1.

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