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(영문) 부산지방법원 2014.02.06 2013고단7327
사기등
Text

A defendant shall be punished by imprisonment for three years.

The evidence seized shall be confiscated from the accused.

Reasons

Punishment of the crime

1. In order to not detect customs in relation to the importation of Mpoio Amerma with a forged trademark manufactured in China, the Defendant: (a) entered the “Mpoio No. 11”, and received a delivery by using international mail (Ems) in order to not be exposed to customs; and (b) advertised that he/she sells the foregoing “general meeting or director-general” in Internet Open Market (Internet Open Market) or “Mpoio No. 11”; and (c) expressed that he/she arbitrarily imported and sold the same to consumers by pretending that he/she imported and sold the same with a certificate attached by affixing his/her seal.

On July 15, 2010, the Defendant advertised the difference with the household goods as if Mpoio is a authentic work, using photographs, etc. at the shopping mall site called the Open Market (Internet Site Address: www.gmaret.co.co.kr) which is an open market, and then, sent a notice of ‘D' seal at will by the Defendant in the column of the supply letter of forgery manufactured in China.

However, in fact, the IMM scenarios sold in the above shopping mall was affixed with a forged trademark imported in China.

On July 15, 2010, the Defendant received KRW 162,00 from the victim E as a forged trademark sales proceeds under the pretext of Mpoio Mpoma, a forged trademark, from July 15, 2010 to March 12, 2013, and acquired KRW 2,404,12,946 in total from the victim 10,954 by the same method as indicated in the attached crime list.

2. From July 2010, the Defendant violated the Customs Act: (a) purchased the pertinent goods in China as in the foregoing paragraph 1 and brought them into Korea through international mail (Ems) at online open market-type shopping malls; and (b) in the case of international mail, the Defendant used the goods not entirely inspected by customs office.

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