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(영문) 광주지방법원 순천지원 2018.01.18 2017고단1297
관세법위반등
Text

Defendant shall be punished by a fine of KRW 10 million.

The defendant shall be ordered to pay an amount equivalent to the above fine by provisional payment.

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 November 13, 2014, the Defendant imported wood pellets, etc. from a foreign country and sold them to the development subsidiary of Korean power, and B, an employee in charge of purchasing pelpellets of the said Defendant, who was an employee of the said Defendant Company, imported wood pellets in total equivalent to 11,797,900km (market price 2,924,63,574 won), from around 23 times until April 15, 2015, imported wood pellets in total without undergoing a standard and quality inspection of wood pelpellets from the Korea Forestry Agency, which was not inspected by the Korea Forestry Agency, from around 13, 2014.

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. Statement by the defendant representative director;

1. Written statements of the prosecution of D;

1. Statement made by the police against B;

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

1. Details of the receipt of pellets A and the suspected receipt of illegal income;

1. A criminal investigation report (acquisition of documents related to an import declaration), a contract for purchase and supply of goods, and documents related to import;

1. Application of the Acts and subordinate statutes governing the investigation report (after the investigation of a person in charge) and list of crimes;

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

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