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Defendant shall be punished by a fine of 17,700,000 won.
In order to order the provisional payment of an amount equivalent to the above fine.
Reasons
Punishment of the crime
No one shall clear any timber product that has failed to undergo standard or quality inspection from the Korea Forestry Promotion Institute, and no person who has filed an import declaration shall import such product without meeting the requirements for permission, approval, recommendation, certification, or other conditions necessary for import under statutes or import such product in an unlawful manner.
On January 27, 2014, B, the representative director of the defendant, imported wood pellets 51,200 km from the Korea Forestry Promotion Institute without undergoing the standard and quality inspection of timber, without undergoing a total of 10,803,200 km (2,918,653,373 won at the market price 2,918,653,373) on a total of 59 occasions from July 16, 2015, from that time to July 16, 2015.
The Defendant did not undergo the standard and quality inspection of the employees in charge, but did not exercise due care and supervision over timber pellets that failed to meet the import conditions in the name of the Defendant, such as importing, clearing, etc. in the name of the Defendant.
Summary of Evidence
1. Defendant's legal statement;
1. Copies of each prosecutor's statement concerning D, E, and F;
1. The police statement concerning B;
1. A written accusation;
1. Application of Acts and subordinate statutes concerning details of import and quality inspection;
1. Articles 279(1), 270(2), and 241(1) of the Customs Act regarding criminal facts; Articles 46 and 45(1)3 of the former Act on the Sustainable Use of Timber (Amended by Act No. 14358, Dec. 2, 2016; hereinafter “TA”) and the main sentence of Article 20(2) of the former Act on the Use of Timber
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment prescribed for a crime of violating each Customs Act with more severe Crimes);
1. Of concurrent crimes, the former part of Article 37 of the Criminal Act, Article 278 of the Customs Act, Article 38(1)2 of the Criminal Act does not apply to the defendant, who violated each Customs Act, since the provision on restricted aggravation of fines concurrent crimes is not applied.