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(영문) 부산지방법원 2017.09.07 2017고단3498

관세법위반등

Text

Defendant

A Imprisonment with prison labor for a year and fine of 30 million won, and Defendant B shall be punished by a fine of 20 million won.

Defendant .

Reasons

Punishment of the crime

Defendant

A is the representative of corporation B located in Gangseo-gu, Busan, F, 123 Dong 204.

Defendant

B Co., Ltd. is a company that mainly engages in the export and import and sale of parts such as franchises and motor vehicle parts.

1. Defendant A

(a) No distributor of trade, goods, etc. in breach of the laws governing foreign trade and trade impairing origin labeling shall impair or modify origin labeling;

On July 22, 2015, the Defendant indicated “MAE INCHINA” in the H warehouse located in Gangseo-gu Busan Metropolitan City, as indicated in the list of crimes in the attached Form, on a total of 134 times from July 22, 2015 to November 14, 2016, as indicated in the following: (a) 858 franchise imported from JINGY GING MING COMG COMDD; (b) 37,361,427 won of the goods; and (c) 37,361,427 won of the goods (market 58,74,383 won); and (d) 134 times in total from July 22, 2015 to November 14, 2016, the Defendant indicated an act of damaging the country of origin of goods imported from China and Vietnam on a total of 134 occasions.

(b) No person who violates the most domestic trade law shall export or sell any goods, etc. in a foreign country under the pretend that the origin of the goods, etc. produced in the foreign country is Korea by forging or falsifying a certificate of origin, obtaining a certificate of origin with false content, or falsely indicating the origin of the goods, etc.;

The Defendant, on July 14, 2016, indicated the cost of KRW 20,019,127 of the Chinese franchise of KRW 136 in China as “MADE INKOREA” and exported the product to U.S. I in U.S. by pretending that it is Korea.

Accordingly, the Defendant, by falsely indicating the origin of the Chinese product, exported the product as if it were the Republic of Korea.

(c)

When it is intended to export goods in violation of the Customs Act, the name, standard, quantity and price of the relevant goods, and other matters prescribed by Presidential Decree shall be the head of a customs office.

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