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(영문) 수원지방법원 성남지원 2014.06.12 2013고합197
특정범죄가중처벌등에관한법률위반(관세)
Text

1. Defendant A’s imprisonment of three years and fine of three million won (three million won) and Defendant A’s agricultural corporation B.

Reasons

Criminal facts

Defendant

A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a corporation that manufactures and sells molds, molds, etc., and Defendant A is the representative director of Defendant Co., Ltd.

1. On April 27, 2012, Defendant A and the Korea Agriculture and Food Trade Corporation: (a) issued a maximum of 50t estimated food manufacturing and processing company using dried straws as raw materials to process or use food products as food materials (hereinafter “actual-demanding company”); and (b) a maximum of 20t estimated in an agricultural product import and distribution company (hereinafter “import-sale company”) to import a maximum of 10% quota, rather than 270% general rate; (c) an end-user company should consume the import volume by the end of November 2012; and (d) an importer shall sell the import volume by the end of August 2012.

Defendant

A, using the name of a domestic food manufacturer, was recommended by the Korea Food and Drug Trade Corporation to receive a recommendation for the import right of the franchis to which the quota tariff applies from the Korea Food and Drug Trade Corporation, and was imported and distributed in Korea. On May 2012, A was recommended to deny the import right under the name of the manufacturing company on the condition that he supplies red powder at a price lower than the market price, which is higher than the market price.

Defendant

A around June 12, 2012, the facts at Pyeongtaek-si Customs were imported for domestic sale. However, it would affect the determination of the tax amount by reporting the import of USD 184,500 of the U.S. dollars (Korean USD 220,452,494) as a recommendation for application of the quota under the name of the KUH, which was unfairly recommended as if it were imported as food manufacturing and processing material to which 10% of the quota 10% applies.

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