beta
(영문) 서울북부지방법원 2016.08.26 2016고단2446

대외무역법위반등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is a D representative who manufactures, imports, or sells amnestys, etc. in Gyeonggi-do.

1. A person who damages or alters a mark of origin of goods, etc., which shall bear a mark of origin on the goods, etc. imported in violation of the Acts and subordinate statutes for sale, by conducting simple processing activities, such as simple processing activities to maintain their commercial quality, shall indicate the original place of origin on such goods, etc.;

Nevertheless, around May 9, 2013, the Defendant: (a) packaged up to 20 small and medium-sized 74,840 won in China, among those purchased from E, around 2013; (b) purchased from E for sale; and (c) failed to place the origin mark, which is the initial origin mark; and (d) purchased small and medium-sized 353,43,600 won in total from November 17, 2015, until December 15, 2015, the Defendant purchased small and medium-sized 353,43,60 won in total from among those indicated in the list of crimes in attached Table; and (c) purchased local frane for sales purposes until December 15, 2015.

2. No manufacturer, etc. of an industrial product subject to safety or quality labelling as an industrial product subject to safety or quality labelling shall put a false safety or quality labelling on the industrial product subject to safety or quality labelling, in violation of the quality control and safety management of the industrial product;

Nevertheless, on December 2015, the Defendant: (a) Packinged the Chinese-China Sheet in Franchison D on December 2, 2015; and (b) sold false safety and quality labelling on the face sealing, as indicated in the daily list of crimes in attached Form 1, including attaching a false marking of the safety quality of KC mark.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A written accusation, a request for accusation, a report on the result of inspection of origin labeling, and import volume;

1. Application of exposed field photographs and business registration certificates-related statutes;

1. Article 53-2 of the Act on External Trade in the Determination of Criminal Facts and Article 53-2 of the Act on External Trade in the Determination of Punishment, and Article 33-4 subparagraph 2 of the Act (a point where the indication of origin is damaged), Article 39 subparagraph 10 of the Quality Management and the Safety Management of Industrial Products Act;