(영문) 부산지방법원 2008.11.25.선고 2008고단3473 판결

Defendant A1’s imprisonment with prison labor for six months, and each Defendant Company is punished by a fine of KRW 10,00,000,000. However, with respect to Defendant A1, the execution of the above sentence shall be suspended for one year from the date when this judgment became final and conclusive. Defendant A1 is ordered to order the above fine to be paid provisionally to Defendant XXchemical.

Reasons

Criminal facts

Defendant A1 is a business director of XX chemical, and Defendant XX chemical is established for the purpose of fertilizer sales and trade business.

1. The permission, approval, and other conditions necessary for importation pursuant to Defendant Al statute shall not be imported in an unlawful manner. Nevertheless, Defendant A1 had the intent to illegally import foreign animal fertilizers from the Netherlands as if they were mineral fertilizers, on the basis that they were cleared of animal fertilizers into other fertilizers without restrictions pursuant to the provisions of the Fertilizer Control Act, etc.

Accordingly, on April 19, 2007, Defendant A1 entered the port of Busan and filed a false declaration of the tariff classification code (the HS code: 35,593,92 won, market price 5,442,355 won) with Busan Customs office as if he imports 'other fertilizers (the HS code: 310.900.90.900) that can be cleared through customs without undergoing heavy metal risk inspection.

As a result, Defendant A1 imported animal fertilizers, which should undergo an inspection necessary for import, through a disguised customs clearance as if they were not animal fertilizers. In addition, Defendant A1, from around that time to May 13, 2008, imported them through a false customs clearance method by reporting a total of 840 tons of animal fertilizers (the total product cost of KRW 151,943,890, the total market price of KRW 236,672,726, and the total market price of KRW 236,726) in total five times, such as in the attached Form (Omission) in the above-mentioned manner, (i) from around that time to around May 13, 2008, Defendant A1 did not receive an import declaration, and (ii) obtained them through a disguised customs clearance as if they were not animal fertilizers.

2. Defendant XXchemical Defendant Co., Ltd., at the time and place set forth in paragraph 1, and at the place, Defendant A1, an employee of the Defendant, committed the above-mentioned act in relation to the Defendant’s duties.

Summary of Evidence

Omission

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

○ Defendant Al

Articles 270(2) and 241(1) of the Customs Act (the point of illegal importation, the choice of imprisonment), Articles 271(2), 270(2), and 241(1) of the Customs Act (the point of attempted illegal importation, the choice of imprisonment)

○ Defendant XXchemical Co., Ltd.

Articles 280 (main sentence), 270 (2), and 241 (1) of the Customs Act (the illegal importation, the selection of fines), the main sentence of Article 280, Articles 271 (2), 270 (2), and 241 (1) of the Customs Act (the fact of attempted illegal importation, the selection of fines)

1. Aggravation for concurrent crimes;

○ Defendant Al

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

○ Defendant XXchemical Co., Ltd.

The former part of Article 37 of the Criminal Act (Article 38 (1) 2 of the Criminal Act is not applied under Article 278 (1) of the Customs Act, but each fine for a violation of the Customs Act is set and added up as follows) (Article 10,00,000 = 2,00,000 won x 5 times)

1. Suspension of execution (Defendant A1);

Article 62(1) of the Criminal Act (Considerations, such as that there is no previous marries and no previous marries)

1. Article 334(1) of the Criminal Procedure Act (the defendant corporation) to order provisional payment;