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(영문) 부산지방법원 2013.04.17 2012고단9142
대외무역법위반등
Text

Defendant

A Imprisonment with prison labor and fines of 6,000,000 won, and Defendant B shall be punished by fines of 25,000,000 won.

Reasons

Punishment of the crime

1. Defendant A

(a) Any person who violates the Foreign Trade Act shall be prohibited from exporting or selling goods, etc. in a foreign country under the pretending that the country of origin of goods, etc. produced in the foreign country is Korea by forging or altering a certificate of origin, obtaining a false certificate of origin, falsely indicating the country of origin;

Nevertheless, on November 23, 2010 and December 6, 2010, the Defendant exported 3,400 Chinese pipes (TUBE) from China imported on December 6, 201 to Busan Customs Office on December 23, 2010, issued a false certificate of origin to the buyer with the content that the country of origin of the exported goods is the Republic of Korea at the Korea Chamber of Commerce and Industry on January 5, 2011, and provided the buyer with the certificate of origin with the content that the country of origin of the imported goods is the Republic of Korea. From that time, the Defendant failed to export the country of origin to the buyer on September 12, 2012, by issuing a false certificate of origin on a total of 26 occasions, or by falsely indicating the country of origin on a good, as indicated in the Attached Foreign Trade Act (TUBE).

B. On December 23, 2010, the Defendant filed an export declaration with the Busan Customs Office of Korea (TUBE) of KRW 3,400, and the Defendant filed a false declaration of origin with the Republic of Korea even though the origin was China. From that time, on December 28, 2011, the Defendant filed an export declaration of the total amount of KRW 4,62,64,207, including KRW 81,25,25, such as domestic pipes (TUE), etc., for a total of 20 times as indicated in the attached Table of Offenses (False Declaration) by December 28, 2011.

C. On August 11, 201, the Defendant violated the Act on Special Cases Concerning the Refund of Customs Duties, etc. Levied on Raw Materials for Export, Korea (TUBE) 3,411 imported as D on August 18, 201.

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