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(영문) 인천지방법원 2014.08.28 2013고단8526

대외무역법위반등

Text

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

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

Reasons

Punishment of the crime

1. Any person who intends to import goods in violation of the Customs Act shall report to the head of a customs office the matters prescribed by the Enforcement Decree of the Customs Act, and meet the requirements for permission, approval, recommendations, certification and other conditions necessary for import pursuant to Acts

Although the Defendant, who is a trade company of home appliances, such as digital TV, is a person operating C and D, and in order to import digital TV, the Defendant obtained certification under the Electric Appliances Safety Control Act, etc., the Defendant, on April 13, 2012, filed an import declaration from the Incheon Main Customs Office located in the Dong-dong 7, Jung-gu, Incheon, China on the import declaration for 42 digital TV in the name of C from the MAENNAHGNCO and did not meet the requirements for certification, etc. under the above Acts and subordinate statutes.

In addition, the Defendant reported the import of digital TV from April 13, 2012 to November 14, 2012, as indicated in attached Table 1, without satisfying the conditions prescribed in the above-mentioned Acts and subordinate statutes, and imported digital TV from April 13, 2012 to November 14, 2012, which was a finished product of at least 593,697,045 won in total, the market price of which is a finished product of at least 593,697,045 won.

2. No trader or distributor of goods, etc. in violation of the Foreign Trade Act shall make a false or misleading indication of the origin of goods, etc., damage or modify the indication of the origin, or omit the indication of the origin of goods subject to the indication of the origin;

Nevertheless, on April 13, 2012, the Defendant imported 150 digital TV from China without indicating the origin of 150 digital TV, which is a product subject to the indication of origin, and cleared the said digital TV into the Incheon Headquarters Customs E, and then cleared the import declaration number of the said digital TV on the back of 150 TV at the digital office of the Co., Ltd. No. 1107, Dec. 20, 201.