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(영문) 인천지방법원 2014.08.14 2014고정2327
대외무역법위반
Text

Defendant

A shall be punished by fine for negligence of KRW 20,000,000, and by fine of KRW 20,000,000, respectively.

Defendant

A.

Reasons

Punishment of the crime

Defendant

A is a director of the company B, who is the actual operator of the company, and the defendant B is a corporation established with the purpose of trade business, clothing and miscellaneous manufacture and sale wholesale, retail business, etc.

1. No defendant A trader or seller of goods, etc. shall make a false or misleading indication of origin;

Defendant

On August 10, 201, A imported an amount equivalent to KRW 473,601,700 of the customs value, such as physical uniforms, produced in North Korea through the Incheon port located in Jung-gu Incheon port, Jung-gu, Incheon, and falsely indicated the country of origin as China by means of false indicating the country of origin in China, as well as importing it in the name of corporation B through Chinese short-sea trade from around that time to September 10, 2013 in the attached list of crimes, as shown in the attached list of crimes, at least 11,013,542,595 won in total.

2. Defendant B, at the above time and place, committed the above offenses against Defendant A, a director of the Defendant’s in-house, regarding the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. Application of Acts and subordinate statutes to official notices, internal investigation reports (limited to digital siren investigation), electric table inquiries, and copies of transaction specifications as a result of digital evidence analysis replies;

1. Article 53-2 subparagraph 1 of the former Foreign Trade Act (Amended by Act No. 11958, Jul. 30, 2013; hereinafter the same shall apply); Articles 53-2 subparagraph 1 and 33 (4) 1 of the former Foreign Trade Act; Articles 57, 53-2 subparagraph 1 and 33 (4) 1 of the former Foreign Trade Act;

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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