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(영문) 서울중앙지방법원 2017.10.25 2017고합899

특정경제범죄가중처벌등에관한법률위반(재산국외도피)등

Text

Defendant

A Imprisonment for two years, and Defendant B shall be punished by a fine of 150,000,000 won.

However, the defendant A.

Reasons

Punishment of the crime

1. Defendant A is the representative director of the Party B, who is a company that imports and sells waste distribution units in Mapo-gu Seoul Metropolitan Government J building 602.

A. Violation of Customs Act - In order to import waste excreta from a foreign country, a person must obtain waste import permission from the Korea Environment Agency pursuant to the "Act on the Transboundary Movement and Disposal of Wastes" and file an import declaration on the premise that the permission was granted by the Korea Environment Corporation.

Nevertheless, although it is impossible for the Defendant to import domestic waste because an overseas exporter located in Washington, etc., which failed to obtain permission from the environmental authority of the exporting country, was unable to obtain waste import permission from the domestic environmental office, the Defendant used the trade name of an overseas exporter that had obtained permission from the environmental authority at the time of the transfer export and import transaction, to obtain confirmation of the requirements of the Korea Environment Corporation.

On December 16, 2011, the Defendant: (a) filed an import declaration with the Korea Environment Corporation (hereinafter “Korea Environment Corporation”); and (b) filed an import declaration with the Korea Environment Corporation (hereinafter “Korea Environment Corporation”) under the jurisdiction of the Korea Environment Corporation (hereinafter “Korea Environment Corporation”) by forging documents for export and import in order to illegally import volume equivalent to US$ 84,356 g of waste ship and 68,733 of import declaration price (78,034,71 of goods cost; 115,950536 of the market price); and (c) filed an import declaration with the Korea Environment Corporation upon confirmation of the requirements of the Korea Environment Corporation to import the waste ship from that time until August 19, 2016; and (d) filed an import declaration with the Korea Environment Corporation (hereinafter “Korea Environment Corporation”); and (d) filed an import declaration with the Korea Environment Corporation (hereinafter “Korea Environment Corporation”); and (e) filed an import declaration with the Korea Environment Corporation (hereinafter “Korea Environment Corporation”); and (e) filed an import declaration with the Korea Food Table (1).

(b) the fabrication of private documents; and