Under the Foreign Trade Act, vehicles are items with multiple import lines, and used mid-term engines are charges of obtaining import licenses by pretending that they are imported as if they were imported for the following mid-term purposes:

According to the Foreign Trade Act, vehicles for the engine components are classified as imported line change items, and it is practically impossible to import from Japan, which is an excessive country. However, heavy-term engines are classified as imported items and used to supply the engine components to Japan for vehicle use by using the fact that it is possible to import from Japan. However, the application for approval for import under the pretending that they are imported as non-vehicle components for vehicle use, and the item number corresponding to the mid-term diesel engine components, not the item number of engine parts for vehicle use, shall be stated in the application for approval for import, and the act of obtaining an import license from Japan for the said engine parts based on the import approval after submitting the above application for import approval to the personnel in charge of the bank with no knowledge of such circumstances, constitutes Article 181 subparagraph 2 of the Customs Act.

Article 181 subparagraph 2 of the Customs Act

Defendant

Defendant

Attorneys Kim Young-soo et al.

Seoul Criminal Court Decision 91No1851 delivered on July 11, 1991

The appeal is dismissed.

We examine the Defendant’s defense counsel’s grounds of appeal.

According to the reasoning of the judgment below, the court below acknowledged, based on the adopted evidence of the judgment of the court of first instance, that the defendant, based on the above facts, stated the item number corresponding to the fuel engine parts (84.909.900), which are non-motor vehicle engine parts (84.9.900), and submitted the above application for import to the staff in charge of banks with no knowledge of such circumstances, and obtained a series of import licenses from Japan for the above engine parts, based on the import approval, since the vehicle used under the Foreign Trade Act is classified as a multi-modal change item, and it is practically impossible to import from Japan, the importing country, but mid-term use is classified as an automatic import approval item, and it is intended to supply the above engine parts for the purpose of the vehicle from Japan, but it is intended to use them as non-motor vehicle parts for the purpose of domestic use. The court below held that the defendant's above act obtained the import approval by fraudulent means as stipulated in Article 218 (1) of the Customs Act.

In comparison with records, the above fact-finding and judgment of the court below are just, and there is no misconception of facts or misapprehension of legal principles due to the violation of the rules of evidence such as the theory of lawsuit. There is no reason to discuss

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Jong-dong (Presiding Justice) Kim Sang-ho (Presiding Justice)