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(영문) 인천지방법원 2013.09.27 2011고정2985
관세법위반
Text

Defendants are innocent.

Reasons

1. The summary of the facts charged is the representative director of the corporation B, and the corporation B is engaged in wholesale and retail business in remote areas.

1. In a case where he desires to export goods A, he shall report to the customs collector the description, quantity, quantity, price, and other matters as prescribed by the Presidential Decree;

Nevertheless, on October 3, 2007, the defendant exported 4 rolls in remote areas equivalent to 36,200 won in China without filing an export declaration with customs office on October 3, 2007.

From around that time to March 31, 2010, the Defendant exported a total of KRW 253,551,650 in the same way, as indicated in the separate list of crimes, the Defendant sealed a total of KRW 12,479 in a remote area equivalent to KRW 253,51,650, without filing an export declaration with customs.

2. Defendant B Defendant B’s representative director Gap exported the Defendant’s business without filing an export declaration with the customs office, as described in paragraph (1).

The defendants and defense counsel's assertion

1. The prosecutor asserts that the public prosecution is dismissed by specifying the facts charged, and the facts charged in this case are not specified in the method of removal or release from remote areas, thereby violating the provisions of the Act.

2. The assertion of innocence;

A. Of the attached list of crimes, the part of the annexed sheet of transactions is sent to sampling rather than in a remote area.

B. The Defendants ordered the delivery of a remote area from the Chinese trader to the domestic logistics company and delivered the quantity of the remote area to the domestic logistics company at designated time and place. As such, the Defendants’ duty to report the export of the remote area at the time of delivery to the domestic logistics company should be deemed to have been transferred to the domestic logistics company.

Maz.

1. The purport of the law, which stipulates the date, time, place, and method of a crime, to specify the facts charged, is to facilitate the exercise of the defendant’s right to defense.

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