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Defendants shall be punished by imprisonment for one year and six months.
However, with respect to Defendant B, for three years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. No one who violates the Trademark Act shall deliver, sell, forge, imitate, or possess a trademark identical or similar to the registered trademark of another person for the purpose of using it for goods identical or similar to the designated goods;
Nevertheless, the Defendants conspired to import the intermediate domestic counterfeit goods which are most likely to be imported as authentic imports, and Defendant A ordered goods which imitated the existing products or modified products, Defendant B shared the role of sending the forged goods ordered by Defendant A to the Republic of Korea through bromoer in China.
Accordingly, on June 12, 2012, the Defendants imported 99 caps and 99 caps and 99 caps and caps purchased by Defendant B from China to Brobes (trademark registration number: 0045219, 004520, 0492573, 0492574, 004197) from the jurisdiction of the operation of Defendant A located in Yongsan-gu Seoul, Yongsan-gu, Seoul, and around that time, from around that time to July 24, 2014, 51,70 caps and 1,700 caps and 1,94,671,00 won on a total of 70 times as shown in attached crime list 1.
2. Where a person intends to export, import, or return goods, he/she shall file a false declaration on the name, standard, quantity, price, etc. of the relevant goods with the head of a customs office, and when he/she files such declaration, he/she shall not file a false declaration on the dutiable value
The Defendant filed an import declaration with the Incheon Airport Customs Office on November 13, 2013, 139 Mara 139 on New Airport, and filed a false declaration on the actual import price of USD 1,56 even though 555 was false, and filed a false declaration on the actual import price from around that time to July 21, 2014, and filed an import declaration of 6,617 Mara Mara 617 on a total of 25 occasions as shown in the separate crime list 2.