(영문) 서울동부지방법원 2020.04.09 2020고단209

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(영문) 서울동부지방법원 2020.04.09 2020고단209

대외무역법위반

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1. Defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Criminal facts

Defendant

A Co., Ltd. is a corporation whose objective is the export and import business of leather products, etc., and the defendant A is the representative of the above corporation.

No trader or distributor of goods, etc. shall commit any act of impairing or changing the indication of origin.

1. On January 2019, Defendant A: (a) at the B logistics warehouse located in Namyang-si, Namyang-si, the Defendant removed the labels indicated in “MAEIN CHA”, “place of origin”, and attached labels indicated in “Korea”, which are the origin labeling attached to the 698 punishment, imported (import declaration number D) from China on January 25, 2019; and (b) at the same time until October 21, 2019, the Defendant damaged and modified the indication of origin on the total of 15,736 clothes (the total goods are KRW 2,214,905,503) as indicated in the attached list of crimes.

2. Defendant B, the representative director of the Defendant, damaged and modified the indication of origin as above in relation to the Defendant’s business at the above date and place.

Summary of Evidence

1. Defendants’ legal statement

1. Results of damage to B mark of origin;

1. Ascertainment of inventory status of goods inspected to indicate origin;

1. Photographs, such as labels;

1. A photograph before and after maintenance work;

1. Application of Acts and subordinate statutes, such as a list of sales and inventory quantity books;

1. Article applicable to criminal facts;

(a) Defendant A: Subparagraph 1-2 of Article 53-2 and Article 33 (4) 2 of the Foreign Trade Act;

(b) Defendant B: Articles 57, 53-2, 1-2, and 33 (4) 2 of the Foreign Trade Act;

1. Selection of punishment (the defendant A) imprisonment;

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