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(영문) 부산지방법원 2018.01.10 2017고단5351
대외무역법위반등
Text

Defendants shall be punished by a fine of 15 million won.

Defendant

A fails to pay the above fine.

Reasons

Punishment of the crime

Defendant

B Co., Ltd. is a corporation established for the purpose of the business of manufacturing and exporting and importing pipes, and the defendant A is the representative director of the above company.

No trade trader, distributor of goods, etc. shall commit any act impairing or changing the indication of origin, and no one shall export or sell goods, etc. produced in a foreign country, pretending that the country of origin is the Republic of Korea, by forging or falsifying a certificate of origin with false content, or by obtaining a false indication of origin on goods, etc., and shall report to the head of a customs office the name, standard, quantity, price, etc. of the relevant goods in order to export, import, or return the goods.

1. On April 2, 2015, Defendant A imported 425 Chinese franchise through the Busan Customs Office, and around that time, Defendant A removed the origin indication of “MADE INCHINA” on the surface of the franchise from the company’s warehouse located in Yangsan-si E, and removed 6,035 ($ 81,352 in total) from around that time to February 1, 2017 in total by the same seven times, as in the list of crimes (1).

On the other hand, on April 3, 2015, Defendant A exported 6,035 ($ 81,352 in total) each of them from around that time to February 1, 2017 by means of obtaining a false certificate of origin, such as a total of nine times as in the list of crimes, from around that time to around February 1, 2017, as a certificate of origin issued by the Busan Customs Office for the franchise 425 ($ 81,352 in total).

Accordingly, Defendant A shall impair the origin labeling as above, obtain a certificate of origin with the aforementioned false content, or make a false representation in the origin of the goods.

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