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(영문) 광주지방법원 2018.08.17 2018고합181
특정범죄가중처벌등에관한법률위반(관세)등
Text

Defendants are innocent.

Reasons

1. Defendant A is the representative of Defendant B (former Company D) for the purpose of mixing feed manufacturing and selling feed in Gwangju Mine-gu, Gwangju, and is the actual representative of F in the same Gu E.

A. Defendant A1) No person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (customs duties) shall import goods without meeting the requirements for permission, recommendation, certification, or other conditions necessary for import pursuant to the statutes or import goods in an unlawful manner.

Nevertheless, on February 26, 2015, the Defendant imported an amount equivalent to KRW 44,400 from the Pyeongtaek-si Customs Office located in Pyeongtaek-si, Pyeongtaek-si, Dong-si (hereinafter “Seoul-si”), equivalent to KRW 22,00 in the Republic of Korea-China, and KRW 222,00 in the Republic of Korea-China (hereinafter “Korea-Japan 245,682,960”), and imported feed without filing an import declaration as prescribed by the Feed Management Act, and from that time until December 11, 2015, imported feed equivalent to KRW 26,00 in total six times in the same manner as the first period in the attached Table 1 Crimes List 1, 200 kilograms, US dollars 1,374,320 (Korean currency 1,582,780,883).

2) No person in violation of customs law shall import goods without obtaining permission, recommendation, certification, or other conditions necessary for import in accordance with legislation or with other conditions, or import goods by unlawful means.

Nevertheless, on January 6, 2015, the Defendant imported an amount equivalent to KRW 22,200, U.S. dollars 111,000 (Korean Won 123,168,930) in the Pyeongtaek-si Customs Office located in Pyeongtaek-si, Pyeongtaek-si, Dong-si, and imported feed equivalent to KRW 22,200, U.S. dollars 11,000 (Korean Won 123,168,930) in Korea, without filing an import declaration as prescribed by the Feed Management Act, and imported it from July 5, 2017 in the same manner as attached Table 1 Crimes 2, 837,640, U.S. dollars 9,583,684 (Korean Won 11,107,821,250 won) in total, 88 times in the same manner as attached Table 1 Crimes 2, 3, 2017.

B. Defendant B, a representative of the Defendant, is located in Pyeongtaek-si and Dong-si around January 6, 2015.

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