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(영문) 인천지방법원 2016.01.28 2015고단7122

대외무역법위반등

Text

Defendant

A Imprisonment with prison labor for six months and fines for 15,000,000 won, and Defendant B shall be punished by fines for 20,000,000 won.

Reasons

Punishment of the crime

Defendant

A is a person who actually manages and controls the export and entry of steel, etc. as the representative director of corporation E 403, and Defendant B is a corporation established for the purpose of trade, steel and gold production, etc.

1. The defendant A shall not export or sell any goods, etc. produced in a foreign country (including goods, etc. produced in a foreign country after being produced in that foreign country and undergone simple processing prescribed by Presidential Decree in the Republic of Korea) under the pretending that the country of origin is the Republic of Korea by forging or falsifying the certificate of origin or obtaining a false certificate of origin, or falsely indicating the origin of the goods, etc., and shall report to the head of the relevant customs office the name, size, quantity, price, origin, etc. of the goods to export the goods from

On May 16, 2012, the Defendant: (a) received a certificate of origin from the Republic of Korea to the Busan Customs Office for China with respect to China’s Switzerland (the HS: 722.30-00) 37,367km, which only imported from China and only carried out simple cutting operations; (b) filed an export declaration of the goods to the Busan Customs Office with the export declaration number F; and (c) filed an export declaration of the goods to the Republic of Korea; and (d) exported them to Taiwan; and (e) filed the export declaration to the Busan Customs Office with the export declaration number F; and (e) filed the export declaration to the Republic of Korea; and (e) filed six times from around that time to May 15, 2013 in the attached list of crimes; and (e) filed a false declaration of origin with the Republic of Korea.

2. Defendant B Co., Ltd. filed a false declaration of origin with regard to the Defendant’s business at the time and place specified in each of the above paragraph (1), and with regard to the Defendant’s business, the Defendant, the representative director of the Defendant, as seen above, as if the country of origin was Korea.