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(영문) 수원지방법원 평택지원 2015.10.02 2015고합40
특정범죄가중처벌등에관한법률위반(관세)등
Text

1. Defendant B shall be punished by imprisonment for not more than five years and by a fine not exceeding 1,787,818,896 won;

The above defendant did not pay the above fine.

Reasons

Punishment of the crime

[Status of Defendant D Co., Ltd. (hereinafter “D”) is a manufacturer of motor vehicle parts established on August 1995, and after exporting raw materials for manufacturing motor vehicle parts to a local factory (O; hereinafter “China’s local factory”) located at the places of Busan, Macdong, Macdong, and wawa (hereinafter “China’s local factory”), it carries out a business by importing motor vehicle parts finished products produced in a Chinese local factory as D and selling them to domestic customers.

Defendant

C is in charge of overall affairs related to export and import between D and Chinese factories as the head of the material logistics department, who is employed in D on January 1, 1996. Defendant B is employed in D on May 2001 and works as the person in charge of the local factory in China, and is in charge of overall affairs related to export and import in Chinese factories. Defendant A is in charge of affairs related to the handling of export and import declaration and the loading and unloading of exported and imported goods, who is employed in D on May 201 and works as the person in charge of the local factory in China.

【Criminal Facts】

1. Defendant B and C’s co-principal conduct

A. As above, Defendant B and C are in charge of the export and import business between the local factories in China and D from March 2012, when they were in charge of the goods imported from D from around March 2012 to around the local factories in China, and in the case of the goods imported from the local factories in China, D, such as D’s samples, liquor of employees, etc., are concealed, and they are imported from the port or airport where the goods are loaded, thereby making an import declaration prior to entry into the port or airport where the goods are loaded, and then making an import declaration prior to entry into the port or airport where the goods are loaded.

Recognizing that the fact of smuggling was rarely discovered because it was designated as a target, and according to the P Defendant B’s argument, P is China.

According to the assertion by Q Defendant B, Q is a Chinese man (a Chinese man).

China's supply policies, including R, are in Korea.

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