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(영문) 인천지방법원 2012.07.12 2012고단3733

공문서변조등

Text

Defendant

A shall be punished by imprisonment of 10 months and fine of 1,00,000 won, and imprisonment of 8 months and fine of 1,00,000 won, respectively.

Reasons

Punishment of the crime

Defendant

On February 17, 2012, A was sentenced to two years of suspended sentence for a violation of the Customs Act by the Ulsan District Court on October, 2012, and the said judgment became final and conclusive on February 25, 2012.

1. In cases of exporting publicly recruited goods, the name, standard, quantity and price of the relevant goods and other matters prescribed by Presidential Decree shall be reported to the head of the relevant customs office, and no goods shall be exported after reporting to the head of the relevant customs office;

In addition, when a foreign trade vessel intends to depart from an open port, the captain shall submit a list of goods loaded at the open port to the head of the relevant customs office before departure, and shall not prepare or submit a cargo list in an unlawful manner.

Nevertheless, the Defendants filed an export declaration with the customs office as if they were exported a motor vehicle which has already been cancelled with the F and the F were to carry on a used vehicle export business in a way that they were exported to a foreign country, and in fact, the F would carry on the same as a used vehicle export business, and the F would carry on the export contract for the motor vehicle to be exported in fact, the export declaration, and the preparation of a certificate of cancellation of the motor vehicle necessary for the export declaration, etc., the Defendant A shall make an export declaration and shipping business, the Defendant B shall, in accordance with the instructions of the A, invite to take charge of shocking (container loading business) and shipping request while managing the fund in accordance with the instructions of the A. Furthermore, the Defendants conspired to export the G and the used vehicle of the K-S International Logistics Co., Ltd., which is a shipping agency, to request the shipping company

2. Defendants’ co-principal conduct

A. The Defendants, in collusion with F on December 2, 2010, reported that one motor vehicle was exported from the port located in Jung-gu Incheon, Jung-gu, Incheon, Jung-gu, the export declaration number H, NEW EF SOL 2004 type, chassis number: I) at the port of Jung-gu, Incheon, and the export declaration number H. In fact, the Defendants reported that one motor vehicle was exported.

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