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(영문) 서울북부지방법원 2013.11.21 2013고단2396

대외무역법위반

Text

Defendants shall be punished by a fine of three million won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A is a person who operates E, who is a medical manufacturer and trading company, and Defendant B is a person who operates F, who is a manufacturer and trading company of clothes.

No trader shall make a false or misleading indication of origin.

While the Defendants processed the clothing raw materials in the Geong Industrial Complex, processed them into Korea, processed them, and sold them in Korea, the Government, from May 24, 2010 to North Korea, was unable to manufacture the clothing in the Geong Industrial Complex. However, in order to reduce manufacturing cost, the Defendants were willing to continue to manufacture the clothing in North Korea in order to reduce manufacturing cost, and then exported the clothing raw materials in the above E’s name, carried the clothing raw materials into North Korea through a brorder in Chinese location, and then imported the clothing manufactured in the above F’s name through China, and conspired to join the country of origin as if the above clothing was manufactured in G located in China.

On February 8, 2011, through the Incheon Port located in Incheon, the Defendants imported an amount of 9,592 bit, such as the wind strawer, etc., manufactured in North Korea, and customs duties imposed at KRW 43,121,383 ($ 38,164), and imported 7,260,562,595 ($ 6,464,901) of clothing equivalent to KRW 1,919,754 ($ 6,464,901) with the same method as the list of crimes in attached Form 7,260,562,595 ($ 6,464,901) with the country of origin falsely expressed it in China through China.

Summary of Evidence

1. Defendants’ legal statement

1. Application of Acts and subordinate statutes on replys to requests for the provision of customs clearance data, business cooperation meetings, internal investigation reports (at least 428-50 pages of investigation records), F import records, facsimile, and remittance details to the Acts and subordinate statutes;

1. Article 53-2 subparagraph 1 of Article 53-2 of the Foreign Trade Act, Article 33 (4) 1 of the Foreign Trade Act, Article 30 of the Criminal Act, the selection of fines for crimes;

1. Articles 70 and 69 of the Criminal Act for the confinement of a workhouse.