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(영문) 광주지방법원 순천지원 2018.01.25 2017고단1300
관세법위반등
Text

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

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.

On February 3, 2014, the Defendant imported wood pellets, etc. from abroad to sell them for industrial purposes, and B, an employee in charge of purchasing said Defendant Company, who was an employee of the said Defendant Company, imported timber pelpellets 25,00 km from the Korea Forest Service, which was not inspected on the standard and quality of wood from the Korea Forest Service, and cleared through customs, from that time until January 26, 2015, from that time, until January 22, 2015, the Defendant imported timber pellets pelpellets 2,652,048 g (market price 73,091,520 won) in total without undergoing the standard and quality inspection from the Korea Forest Service.

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 defendant's agent's legal statement B

1. Written public prosecutorial statements in D and B;

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

1. Investigation reports (verification of details of violations, etc.), results of importing wood pelletss, and data on verification;

1. A criminal investigation report (revision of details of violation);

1. Application of Acts and subordinate statutes to a copy of import declaration and relevant documents;

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. Aggravation concurrent crimes;

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