대외무역법위반
The judgment of the court below is reversed.
The defendant shall be innocent.
1. The summary of the facts charged is that the Defendant engaged in wholesale and retail business, such as miscellaneous the name “D” in Suwon-si, Kuwon-si B building and “D”.
Although a distributor of goods, etc. was prohibited from engaging in any act of falsely indicating the country of origin or misleading the country of origin, the Defendant falsely indicated the country of origin by marking the “F” product (hereinafter “instant product”) whose country of origin is North Korea through the Internet shopping mall (E) at the above office from October 6, 2014 to June 16, 2017 as “the Republic of Korea” and selling the total amount of KRW 138,600.
2. The lower court found the Defendant guilty of charges on the following grounds: (a) comprehensively taking account of the evidence in its holding, deeming that “an act of simple mixing with goods other than water without substantial transformation constitutes a violation of an indication of origin as a raw material for import of goods,” and sentenced the Defendant to a fine
3. The summary of the grounds for appeal is that the goods of this case, which were made by substantially transforming the Magsan on the North Korean Magsan Mag, cannot be deemed to be North Korea.
Nevertheless, the judgment of the court below which convicted the defendant is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.
4. The judgment of this Court
A. Article 53-2 subparag. 1-2 of the Foreign Trade Act provides that “an act of falsely indicating or misleading origin” under Article 33(4)1 of the same Act shall be punished. Article 34(1) of the same Act provides that “The Minister of Trade, Industry and Energy may, if deemed necessary, determine the origin of exported or imported goods, etc.,” and Article 53-2(2) of the same Act provides that “The criteria for determining origin shall be determined and publicly announced by the Minister of Trade, Industry and Energy, as prescribed by Presidential Decree.”
Accordingly, Article 61 (1) of the Enforcement Decree of the Foreign Trade Act, which provides for the criteria for determining the origin of imported goods.