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(영문) 부산지방법원 2015.05.01 2015고단1180
관세법위반
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a foreigner of Chinese nationality, and is a person who operates a processing and distribution business of gold products, such as ducks, in the strongness of China.

While the Defendant, along with D and E, engaged in processing and exporting G by-products of Korean original products, such as ducks and flaps, from YF, in order to reduce the cost, the Defendant conspiredd to export the exported products in a disguised manner by means of either exporting or importing the original by-products without undergoing an export quarantine required at the time of exportation abroad, or demanding the import country to prohibit the import of domestic by-products of Korean original products from the domestic country, or demanding the domestic quarantine of slaughterhouses, etc., due to the difficulties in export conditions.

1. Crimes jointly committed with the defendant D or E;

(a) Where goods are exported, they shall not be exported without fulfilling the conditions necessary for the export, such as permission, approval, recommendation, and certification, or by an unlawful means, and where a person intends to export goods with designated objects subject to quarantine under the Act on the Prevention of Contagious Animal Diseases, he/she shall undergo quarantine by the quarantine officer;

Nevertheless, on April 27, 2012, the Defendant exported the original by-products, such as ducks 23,450 US dollars 23,450 (Korean Won 24,547,929) to China, and did not undergo quarantine by quarantine officers. From that time, the Defendant exported the original by-products of the total amount of 875,389 US$389 (Korean Won 961,589,362) not subject to quarantine officers’ quarantine on 36 occasions from that time to January 10, 2013, without undergoing quarantine.

(b) In cases where it is intended to export goods, the name, standard, quantity and price of the relevant goods and other matters prescribed by Presidential Decree shall be reported to the head of any customhouse and such goods shall not be exported differently from the relevant goods on

The defendant on January 22, 2013 at the above G Co., Ltd.

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