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Defendant
A shall be punished by imprisonment with prison labor for six months and by a fine for three million won, and by imprisonment with prison labor for ten months and a fine for ten million won.
Reasons
Punishment of the crime
Defendant
A is a person operating "E" as a kimchi import and sale business chain, Defendant B is a representative of "F" as a kimchi import and sale business chain, and Defendant G is a person operating an agricultural product import and sale business in China.
Where any person intends to import goods, the name, standard, etc. of the relevant goods shall be reported to the head of a customhouse, and such goods shall not be imported as are different from those on which an import declaration is filed.
Nevertheless, Defendant B imported kimchi through the introduction of agricultural products, such as the ancient trends in China, and H, China, a broker for the export of kimchi, but failed to gain particular profits, Defendant B conspired with Defendant A, G, and the above H in order to import the Chinese traditional culture in the name of “E” in a disguised manner as if it were kimchi.
Accordingly, Defendant B established the overall plan for the dry and white mill import, Defendant A lent the name of “E” it operates as an importer of kimchi to the same B, and transferred the Kimchi price under the pretext of the advance payment for Kimchi price from the same B on January 16, 2014, Defendant B transferred the foreign currency as if he/she remitted the Kimchi price. The above H purchased USD 24,000,000 (limited to KRW 90,000,000), which was in the Chinese Cheongdo designated by Defendant G around January 20, 2014, and sent Defendant G to “ICO, LDD,” which was in the Chinese Cheongdo designated by Defendant G, with the shipping documents issued by the Chinese quarantine agency and B/L customs broker and other shipping documents issued by the Chinese quarantine agency in order to disguise Kim Y as if he/she was a kimchi.
On January 22, 2014, the Defendants concealed 252,00,000 won at the market price of 24 tons in the container shipped (HDFU7220020) under “HUDA PESL”, a cargo vessel entering the Incheon port after departing from the Chinese tin port and departing from the Incheon port, and disguised the importation of kimchi, and then disguised the importation of kimchi 24.