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(영문) 부산지방법원 2016.04.20 2016고정815

대외무역법위반

Text

Defendant

A shall be punished by a fine of KRW 30,000,000, and a fine of KRW 10,000,000, respectively, for Defendant B.

Defendant

A.

Reasons

Punishment of the crime

Defendant

A is the representative director of Defendant B.

Defendant

A Co., Ltd. is a corporation that manufactures valves in Kim Sea-si C.

1. No person shall place a false or misleading mark on the place of origin on the part of a trader or distributor of goods, etc. of Defendant A;

Nevertheless, on January 26, 2015, the Defendant imported more than 16,353,973 won in the cost of the goods with importation declaration D (25,713,794 won in the market price) and indicated the “KS” mark in BOY, and the “KOREA” in BOY on the rubber gas diskettes assembled in BOY.

In the above manner, the Defendant, as indicated in the list of crimes in attached Form 2, displayed that the Defendant, in total from January 26, 2015 to July 15, 2015, the amount of KRW 425,157,579 (market 668,486,759) of the cost of the goods at KRW 425,157,579 (market 668,486,759) imported domestic VALV BOD and gas diskettes, had the Defendant misleads the Defendant into the Republic of Korea.

2. Defendant B, as stated in the preceding paragraph, indicated that the representative director A, who was the representative director, was erroneous.

Summary of Evidence

1. Defendant A’s legal statement

1. Each investigation report;

1. Each import declaration, B/L Inc. Pking list, document for use, business registration certificate, FREIGH INVICE, price declaration, Internet photo-printed output, BUTTTS LVPPS PES LVPS, BUTTTS LVS PEVE photograph, BUTTTSS YVS YVE certification certificate, valves in the warehouse of the suspected company, list of valves, list of goods, and inventory photographs;

1. Application of Acts and subordinate statutes to written appraisal;

1. Relevant legal provisions and Defendant A who has selected a sentence on criminal facts: Defendant B, a stock company under Article 53-2 subparagraph 1-2 of Article 53-2 and Article 33 (4) 1 of the Act on External Trade (elective of fines): Articles 57, 53-1-2 and 33 (4) 1 of the Act on External Trade;

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act