beta
(영문) 인천지방법원 2013.04.03 2013고단623

대외무역법위반

Text

A defendant shall be punished by imprisonment for six 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

The defendant is the representative of the clothing manufacturing headquarters in the third floor of Dongdaemun-gu Seoul Metropolitan Government C building.

No trader or distributor of goods, etc. shall make a false or misleading indication of origin.

Nevertheless, the Defendant imported the North Korean acid from the Gold Limited Trade Co., Ltd. (DNONG JINXG TRDDDD), a Chinese intermediary seller, with the intent to import it with the country of origin indicated in China as a medium country. On October 21, 201, the Defendant imported the model name “FAJB803M” 634, which is the wind stoper produced in North Korea from the above gold Limited Trade Corporation, and indicated the country of origin as a medium country and expressed it falsely.

In addition, the Defendant imported the clothing amounting to KRW 152,677,908 from the above date to December 29, 201, by falsely indicating the origin of the clothing amounting to KRW 152,67,908, in total four times, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Export and import details and import declaration certificate;

1. Application of Acts and subordinate statutes to investigation reports (to attach details of communication by correspondence with the smuggling of North Korea's processed clothes);

1. Article 53-2 subparagraph 1 of the Foreign Trade Act, Articles 33 (4) 1 and 33 (4) 1 of the Foreign Trade Act concerning facts constituting an offense, the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act suspended execution (see, e.g., Article 62(1) of the Criminal Act that acknowledges and reflects the crime of this case; there is no past record of criminal punishment; and the circumstances leading to the crime of this case);