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(영문) 광주지방법원 순천지원 2018.01.18 2017고단1294
관세법위반등
Text

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

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

Reasons

Punishment of the crime

Where a person who has produced a timber product intends to sell it or to import it through customs clearance, he/she shall undergo an inspection of the standard and quality of timber by the Korea Forestry Promotion Agency, and no person who has filed an import declaration shall obtain permission, approval, recommendation, certification, or other conditions necessary for import pursuant to statutes, or import by satisfying such requirements or conditions by fraudulent means.

Around July 10, 2015, the Defendant imported wood pellets, etc. from a foreign country and sold them to the development subsidiary of Korean power, and D, an employee in charge of purchasing pelpellets of the said Defendant, had imported wood pelpellets 1,630,890 g, which was not inspected on the standard and quality of wood from the Korea Forestry Promotion Agency, and cleared through a customs clearance on the same day by reporting the importation of wood pelpellets 1,630,890 g, which was not inspected on the standard and quality of wood from the Korea Forestry Agency, and had imported timber pellets pellets 14,673,789 g (the market price 3,940,708,450 g) in total over 13 times in the same manner as indicated in the list of crimes

Defendant 1 did not exercise due care and supervision to prevent a violation of customs clearance by importing wood pellets, the employees in charge of which did not undergo the inspection of standard and quality of timber as above.

Summary of Evidence

1. The legal statement of the defendant's agent F

1. Written prosecutorial statements of the F;

1. Statement made by the police with regard to D;

1. A copy of the protocol made by the prosecution against G or H, or a copy of the protocol made by the prosecution against I;

1. Revenue-related documents, including a report on investigation (acquisition of import-related documents), each contract, the completion of an import declaration, and a seal stamp;

1. The details of importation of pellets A and the application of import report statutes;

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.Article 40 of the Criminal Code of Trade and Trade.

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