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(영문) 부산지방법원 2020.01.21 2019고단5027
대외무역법위반등
Text

1. Defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant

A is the representative director of Defendant B, and Defendant B is a corporation established for the purpose of manufacturing household parts, such as intelligence in Namdong-gu Incheon Metropolitan City.

1. Defendant A

(a) No person who violates the Foreign Trade Act (export of foreign products, etc. pretended to be Korean goods, etc.) shall export or sell any goods, etc. produced in a foreign country under the pretend that the country of origin of goods, etc. is Korea by obtaining a false certificate of origin or by falsely indicating the origin of such goods, etc.;

Upon receipt of an export order from the Turkey importer (D) for the China-China intelligence (HINGE), the Defendant accepted a request from the Turkey authority to enter the country of origin into the country of origin in the country of origin in Korea for the purpose of maintaining transaction relations and increasing exports.

On May 4, 2018, the Defendant received an export declaration number F. 180,20 PCS equivalent to KRW 71,675,287 in China from China, imported from China to China from May 4, 2018, and exported to Turkey after loading it at the Busan port around May 13, 2018, the Defendant issued from the Korea Chamber of Commerce and Industry a certificate of origin (H) “THE REPBLOFOREA” (H) as the country of origin of the intelligence produced in China to be the Republic of Korea, and the Defendant was issued a certificate of origin in the way as described above in the attached Table 2,739,264,150 among the domestic goods exported from Korea to April 6, 2019, as if it were in violation of the Foreign Trade Act (domestic country export) in the same way as indicated in the list of crimes in Korea.

(b) If it is intended to export goods in violation of the Customs Duties Act, the name, standard, quantity and price of the relevant goods and other matters.

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