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(영문) 광주지방법원 순천지원 2019.02.18 2018고정449
관세법위반등
Text

Defendant shall be punished by a fine of 12 million won.

The provisional payment of the amount equivalent to the above fine shall be ordered.

Reasons

Punishment of the crime

No one 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, approval, recommendation, certification, or other conditions necessary for import under statutes or import such product in an unlawful manner.

On January 29, 2014, the Defendant, a corporation established for the purpose of business, etc. of pelpellets, imported timber pelpellets equivalent to KRW 12,524,04kg (2,16,963,438 won at the market price) of KRW 12,524,04kg (2,116,963,438 won) from the Korea Forestry Promotion Institute without undergoing the standard and quality inspection of the wood pelpellets 63,530 g, which was not inspected by the Korea Forestry Promotion Institute, from around January 29, 2014.

As a result, the above employees did not undergo a standard and quality inspection, and did not exercise due care and supervision to prevent violations, such as importing, clearing, etc. wood pellets in the name of the defendant, which did not meet the import conditions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Statement made to D by the police;

1. A written accusation;

1. Application of Acts and subordinate statutes to each import declaration;

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

1. Articles 40 and 50 of each Criminal Act for commercial concurrence (a punishment provided for in a crime of violating the Customs Act with more severe punishment);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37 of the Criminal Act, Article 278 of the Customs Act, Article 38 (1) 2 of the Criminal Act is applicable to the defendant.

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