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(영문) 부산지방법원 2012.11.06 2012고단7663
대외무역법위반등
Text

Defendants shall be punished by a fine of KRW 19,540,00.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

Defendant

A is the representative of the manufacturer and exporter (State)B, and the defendant B is a corporation established for the purpose of the special valve manufacturing business for ships in Gangseo-gu Busan Metropolitan Government C.

1. Defendant A

A. A. Around May 2, 2009, the Defendant in violation of the Foreign Trade Act imported from DD companies in China 960 domestic valves and equivalent to KRW 351,027,837 of the Republic of Korea, and imported simple painting work. On May 13, 2009, the Defendant exported the valves to Mexico with a false certificate of origin, which was issued by Busan Chamber of Commerce and Industry as if the Republic of Korea was a false certificate of origin, and then exported the valves to Mexico on the following day by 10 occasions during the period from March 27, 2012 to March 27, 2012 in the same manner, such as the list of crimes in violation of the Attached Foreign Trade Act.

B. Around May 2, 2009, the Defendant violated the Customs Act imported KRW 960 from Chinese D companies of China, KRW 351,027,837 in China, and filed a false declaration of the origin of the Republic of Korea as if it were Korean origin, while exporting to Mexico around May 14, 2009, the Defendant filed a false report with the Busan Customs Office as if it were domestic origin, and filed a false declaration with the Busan Customs Office from March 27, 2012 in the same way, including KRW 3,605 in China, KRW 969,34,308 in the same manner as the list of crimes in violation of the Customs Act, and filed a false declaration of the origin of the Republic of Korea.

2. Defendant B, a representative of the Defendant, violated the Foreign Trade Act and the Customs Act as above.

Summary of Evidence

1. Defendant A’s legal statement

1. (State)B import records, valves import records, and export performance records;

1. Each import declaration and each export declaration;

1. Process level of imported products;

1. Papers 1 through 10, which have been seized;

1. Each invoice;

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

1. Article applicable to criminal facts;

A. Defendant A: Subparagraph 4 of Article 53-2 of the Foreign Trade Act, Article 38 of the same Act (the most domestic export point, the choice of fines), and each of them.

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