Defendant 1 and 1

Anthalanism

Attorney Park Do-young et al., Counsel for the defendant-appellant

Defendants shall be punished by fine of KRW 3,000,000.

When Defendant 1 fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted by 50,000 won into one day.

To order the Defendants to pay an amount equivalent to the above fine.

Defendant 1 is the representative director of Defendant 2 corporation who is an exporter and importer of agricultural and fishery products in the same-sex carryover (hereinafter omitted) in Jincheon-gun, Jincheon-gun.

1. Defendant 1

No one shall export or sell goods, etc. produced in a foreign country under the pretending that they are Korea by falsely indicating the origin of such goods, etc. or by selling them in a foreign country.

On May 22, 2007, the Defendant prepared a certificate of origin equivalent to KRW 15,00 g, market price of KRW 6,63,673 in China, which was imported from China at the above Defendant 2’s office, and then exported the said exported goods to the voice branch of the Korea Exchange Bank, the issuing bank of the credit, with the false statement of origin as “THE REPBL OFOREA”, and then sent it to the voice branch of the Korea Exchange Bank, the issuing bank of the credit.

2. Defendant 2 corporation

Defendant 1, a representative director, prepared and exported a false certificate of origin as if the country of origin was Korea, at the same time and place as above, in relation to Defendant 1’s business, whose country of origin is equivalent to KRW 6,263,673 in China.

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. Certificate of origin;

1. A copy of the credit (a copy of investigation record No. 6);

1. Export declaration completion certificates;

1. An import declaration;

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

A. Articles 53(2)8 and 38 of the Foreign Trade Act (amended by Act No. 9154, Dec. 19, 2008; hereinafter the same)

(b) Defendant 2: Article 57(1) of the Foreign Trade Act

C. Selection of each fine

1. Detention in a workhouse;

Defendant 1: Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

The Defendants and the defense counsel asserted that since they requested a false certificate of origin in Taiwan, which is the importer of the red paper powder of this case, they only prepared and sent a false certificate of origin in accordance with it, and they do not have any false indication of origin on goods, etc., and thus lack of conformity with the elements of origin. However, as seen above, Defendant 1 prepared a false certificate of origin and sent it to the voice branch of the Korea Exchange Bank, which is the issuing bank of the letter of credit, to recognize that the above exported goods were domestically domestically, and without directly indicating the origin of the goods, it constitutes “the method of falsely expressing the origin on the goods, etc.” under Article 38 of the Foreign Trade Act even if the certificate of origin, which is the essential accompanying document of the letter of credit issued for the exported goods, is not the case where the country of origin is falsely indicated on the goods, etc.

Judges Dok-woo