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(영문) 서울중앙지방법원 2014.09.25 2014고정1336
관세법위반
Text

Defendants shall be punished by a fine of five million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

A is the substantial representative of Defendant B Co., Ltd. in Gangnam-gu E building 1803, and Defendant B Co., Ltd is a corporation established for the purpose of trade business, etc.

No person shall import goods, etc. from South Korea without obtaining permission, approval, recommendation, certification, or any other condition necessary for import pursuant to Acts and subordinate statutes, or obtain approval from the Minister of Unification with respect to the items, forms of transactions, methods of payment, etc. of such goods, etc. between South and North Korea.

1. Around November 21, 2012, Defendant A agreed to import 3,00 tons of North Korea Gyeongmagmania from the F company (the president of the General Assembly) located in Australia at the office of B Co., Ltd. to USD 535,00,000, without obtaining the approval of the Minister of Unification, Defendant A transported 3,000 tons of North Korea Gyeongmagmania from the Kim (the Minister of Unification) to the Chinese Grand (the Minister of Unification), and decided to import it into the Republic of Korea after obtaining a false certificate of origin as if he were a Chinese country.

Accordingly, around November 22, 2012, the defendant prepared illegal income such as remitting US$ 53,501.4 as a down payment to F Company, and remitting US$ 21,285 as a packing expense.

2. The defendant Eul, the actual representative of the defendant Eul corporation, prepared illegal income as provided in the preceding paragraph in relation to the defendant's business.

Summary of Evidence

1. Defendants’ partial statement

1. A corporate profiling and F enterprise information inquiry council;

1. Application form for foreign currency remittance, stamp, pressure certificate 1 through 9;

1. Judgment of the Suwon District Court; and

1. Application of Acts and subordinate statutes to written accusation;

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

(a) Defendant A: Articles 271(3), 270(2), and 241(1) of the Customs Act (Selection of Fines);

(b) Defendant B corporation: Articles 279(1), 271(3), 270(2), and 241(1) of the Customs Act

1. Defendant A of detention in a workhouse: Criminal Act;

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