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(영문) 부산지방법원 2019.01.14 2018고정959

관세법위반

Text

Defendant

A and B Co., Ltd. shall be punished by a fine of KRW 5,000,000, and Defendant C shall be punished by a fine of KRW 2,000,00.

Defendant

A. A.

Reasons

Punishment of the crime

1. Defendant A, a representative director in charge of the management of the company B, who intends to file an import declaration, is aware of the fact that he/she should not obtain permission, approval, recommendation, certification, or any other condition necessary for import, or that he/she should not import it by improper means. Defendant A, even though he/she was aware of the fact that he/she had not obtained permission, recommendation, certification, or any other condition necessary for import, was trying to import 48 tons or US$ 43,200 in China from January 30, 2017, which was submitted at the time, was forged, thereby making it impossible to conduct customs clearance due to failure to import of food. As such, Defendant A’s intent to bring in the Republic of Korea after returning 48 tons in freezing with the export declaration number D on February 23, 2017 to Hong Kong for which no sanitary certificate is required at the time of import, and, as a result, he/she again borrowed cherbly imported goods in the name of E (representative) on March 30, 2017.

In addition, Defendant A, even though he knows that the name, standard, quantity and price of the goods in question, the trade name of the owner of the goods in question, and the taxpayer should not be reported or falsely reported, Defendant A violated the Customs Act by filing an import declaration under the name of the F as if he were imported after returning the domestic freezing language of the Company B, which was judged noncompliant with quarantine, to Hong Kong.

2. Defendant B, the representative director of the Dong company, did not prevent the above Defendant A from violating the Customs Act (unlawful income and false report) in relation to the business of the corporation as above.

3. Defendant C is aware of the name, standard, quantity, and price of the goods in question, the trade name of the owner, and the taxpayer should not be reported or falsely reported.

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