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(영문) 인천지방법원 2016.11.25 2016고정1035

대외무역법위반

Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged is the defendant A, the representative director of the defendant B, who is the defendant Eul, and the defendant B, is a corporation established for the purpose of manufacturing clothes and wholesale and retailing.

No trader or distributor of goods, etc. shall place a false or misleading mark of origin.

A. On May 1, 2014, Defendant A introduced (cargo No. 958,027) more than KRW 13,958,027 at the market price produced in the Philippines as part of Asia (OZ) 704 on May 1, 2014, Defendant A marked the origin by attaching a rectangular mark printed on “MADIN KREA” on the present product, and attaching a printed poster on “MADININITPINS” that is easy to remove it.

B. Defendant B, a representative director of the Defendant, committed a violation of the Foreign Trade Act by failing to pay considerable attention to and supervise the pertinent business in order to prevent such violation.

2. According to the facts charged in the instant case, the Defendants first manufactured UNIHDIE JACKT (hereinafter “instant clothing”) in the Philippines, and attached a label called “MADE INKREA” in the instant clothes, which would be easy to remove, but was easily removed.”

Even if the Defendants posted the easily removed Stick as stated in the facts charged, barring any other circumstances, such as the Defendants’ act of selling the instant clothing after removing the said Stick, such act alone does not lead the Defendants to the crime of indicating the place of origin.

However, the evidence submitted by the prosecutor alone that the defendants exceeded the above Stickers.

It is not sufficient to recognize that the person who committed or conspireds with the person who committed such act, and there is no other evidence to recognize it.

참조조문