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Defendant
A shall be punished by imprisonment with labor for six months and by a fine of five million won, and Defendant B shall be punished by a fine of ten million won.
Reasons
Punishment of the crime
Defendant
A is the representative director of corporation B, and Defendant B is a corporation established for the purpose of manufacturing food additives.
1. The Defendant imported food additives such as Masan from China, etc., and exported them to third countries such as Japan, Taiwan, etc. throughout the process of refining, etc. in Korea, the Defendant, despite the fact that the level of domestic processing cannot be simple and indicated in the relevant laws and regulations, exported the country of origin by falsely indicating it as Korean acid, or food to be exported by pretending that it is Korean acid.
No trader or distributor of goods, etc. in violation of the Foreign Trade Act shall commit any act of falsely indicating or misleading the origin, and no one shall export or sell goods produced in a foreign country (including goods produced in a foreign country and undergone simple processing activities prescribed by Presidential Decree in the Republic of Korea) under the presumption that the origin of goods produced in the foreign country is the Republic of Korea by forging or altering the certificate of origin, obtaining the certificate of origin with false content, falsely indicating the origin of the goods, etc.
Nevertheless, around November 28, 2008, the Defendant: (a) sold glycine 16,000 glycines of China brought into Korea to Korea to Korea; (b) sold goods to the United States as if it were domestic goods; and (c) had the company export them to the United States as if they were domestic goods; and (d) exported foreign goods under the name of the company B by way of directly exporting them under the name of the company or selling them under the name of another exporter through another exporter until September 21, 2009, as shown in attached Table 14, 15, and 22 of the List of Offenses No. 14, 15, and 22.
(b) A person who intends to export goods in breach of customs law shall make false entries in the country of origin, etc. of the goods.