logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2013.05.10 2013노208
대외무역법위반등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of 10 months and fines of 46,80,000, and Defendant B corporation shall be punished by fine of 73.

Reasons

1. The prosecutor's summary of the grounds for appeal (the defendant A: 10 months of imprisonment, 2 years of suspended sentence, 38 million won of fine, and 68 million won of fine) of the judgment below is deemed to be too unfeasible and unfair.

2. When the prosecutor of the judgment of the court below made an application for changes in the indictment to add Article 53(2) Subparagraph 8 of the former Foreign Trade Act (amended by Act No. 10231, Apr. 5, 2010; hereinafter “former Foreign Trade Act”) to applicable provisions of the Act to the applicable provisions of the Act, and the judgment of the court below cannot be maintained as the case was changed by this court’s permission.

3. In conclusion, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and it is decided as follows through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 53(2)8, 38 (the most exported of the country of origin from February 1, 2008 to October 4, 2010), 53-2 Subparag. 4, and 38 (the most export of the country of origin from October 5, 2010 to February 6, 2012) of the former Foreign Trade Act; Articles 276(1)4, and 241(1) of each Customs Act (the most export of the country of origin); Articles 53-2 Subparag. 4, 38 (the most export of the country of origin from October 5, 201 to February 6, 2012);

(b) Defendant B Stock Company: Articles 57, 53(2)8, 38 (the most exported of the country of origin from October 12, 2008 to October 4, 2010) of the former Foreign Trade Act; Articles 57, 53-2 subparag. 4, and 38 (the most exported of the country of origin from October 5, 2010 to February 6, 2012) of the respective former Foreign Trade Act; Articles 279(1), 276(1)4, and 241(1) of the respective Customs Act (the country of origin declaration)

1. Aggravation for concurrent crimes;

A. Defendant A1’s violation of the Foreign Trade Act: Article 37 of the Criminal Act.

arrow