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(영문) 서울중앙지방법원 2017.07.13 2016고단4081

관세법위반

Text

[Defendant A] The defendant shall be punished by imprisonment for eight months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a corporation (hereinafter referred to as "B") that imports and sells Chinese lighting fixtures in Jongno-gu Seoul Metropolitan Government, and Defendant B is a corporation with the purpose of manufacturing, selling, etc. lighting fixtures.

1. To import goods of Defendant A, the name, size, quantity and price of the goods concerned, and other matters prescribed by Presidential Decree shall be reported to the head of the relevant customs office, and import shall not meet the requirements for permission, recommendation, certification or other conditions necessary for import under statutes or shall not be imported in an unlawful

Nevertheless, at the Incheon Airport Customs Office located in Jung-gu Incheon Airport on May 20, 2014, the Defendant reported the volume of KRW 13650,000 in the cost of the model E E 600 LED lighting fixtures goods subject to the safety certification of electrical appliances from the Chinese company Dr, to the Import Declaration F, and imported the electrical appliances safety certification certificate (safety certification numberJ) as a model to the above lighting fixtures, which is different from the I lighting fixtures, by satisfying the conditions prescribed in the law, and received them in a fraudulent manner from the date to June 26, 2015, as shown in the attached crime list, 36 times in total, including all kinds of lighting fixtures, 393,084 goods totaled of KRW 1.25,515,00,00 in total, and received them by means of unjust methods, such as certification necessary for import under the Electrical Appliances Safety Control Act.

2. Defendant B, the representative director of the Defendant, imported the Defendant’s business by obtaining necessary certification, etc., as described in paragraph (1), from the Defendant by unlawful means.

Summary of Evidence

1. The defendant A's partial statement

1. Each legal statement of witness G and H;

1. A protocol concerning the examination of suspects of the accused in preparation of a public prosecutor;

1. B The list of confirmation and issuance of the requirements for the safety certification of electrical appliances, the application for confirmation of the requirements for the safety certification of electrical appliances, the relevant import declaration, the safety certification of the electric appliances to be issued by K, and the issuance of L.