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(영문) 광주지방법원 순천지원 2018.01.18 2017고단1302
관세법위반등
Text

Defendant shall be punished by a fine of four million won.

The defendant shall be ordered to pay the amount equivalent to the above fine.

Reasons

Punishment of the crime

No person shall clear any timber product that has failed to undergo standard or quality inspection from the Korea Forestry Promotion Institute, and no person who has filed an import declaration shall import such product without meeting the requirements for permission, recommendation, certification, or other conditions necessary for import under statutes or import such product in an unlawful manner.

B, the representative director of the Defendant, around January 29, 2014, imported wood pellets 144,000 gs, which was not inspected by the Korea Forestry Promotion Agency, from around January 29, 201, and cleared through customs by filing an import declaration (C) with the Busan Customs Office, and from June 26, 2015, up to 54 times in total, 6,041,335 gs (market 1,435,610,862 won) of wood pelpellets pellets, which was not inspected by the Korea Forestry Promotion Agency.

As a result, the Defendant did not undergo a standard and quality inspection by the employees in charge, but did not exercise due care and supervision to prevent violations, such as importing, clearing, etc. wood pellets in the name of the Defendant.

Summary of Evidence

1. The defendant's agent's legal statement D

1. Written statements of the prosecution of D;

1. Copy of the prosecutor's statement protocol concerning E or F;

1. A report on investigation (Correction of a list of offenses);

1. Investigation report (Submission of a notification of results of inspection of standard quality);

1. Investigation reports (Submission of data related to the import of pellets), printing out e-mail, materials related to the import of pellets, copies, and sexual records;

1. A report on investigation (investigation of suspected companies, etc.), details on import declarations, list of suspected suspicions, details on import and quality inspections;

1. Application of statutes governing the details of import declarations A (States);

1. Articles 279, 270(2), and 241(1) of the Customs Act regarding facts constituting an offense; Articles 46, 45(1)3, and 20(2) of the former Act on the Sustainable Use of Timber (Amended by Act No. 14358, Dec. 2, 2016);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

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