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(영문) 서울중앙지방법원 2008. 7. 10. 선고 2008고단3145 판결
[대외무역법위반·관세법위반][미간행]
Escopics

Defendant 1 and 1

Prosecutor

Kim Nam-hun

Defense Counsel

Law Firm Han, Attorney Kim Yong-won

Text

Defendants shall be punished by a fine of KRW 20,000,000.

When Defendant 1 fails to pay the above fine, Defendant 1 shall be confined in a workhouse for the period calculated by converting KRW 100,000 into one day.

Criminal facts

Defendant 1 is the actual operator who was registered as a director of Defendant 2 Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd.”) who is the manufacturing and exporting company of clothing in Seocho-gu Seoul Metropolitan Government (hereinafter referred to as “Scho-dong”).

1. Defendant 1

(a) Violation of the Foreign Trade Act;

No one may export or sell goods, etc. produced in a foreign country under the pretending that the country of origin is Korea by forging or altering a certificate of origin, obtaining a certificate of origin with any false content, or falsely indicating the country of origin of goods, etc.

Around October 2, 2007, the Defendant, at the Defendant Company’s office, carried in as of September 21, 2007, and prepared a false invoice and packing statement on 24,442 for men of China, which were exported to Turkey on October 3, 2007, using the false invoice and packing statement, issued an export declaration certificate as if men’s stuff et al. were Korean acid at the Seoul Customs were issued. Around October 4, 2007, the Defendant submitted the Korea Chamber of Commerce and Industry to obtain a false certificate of origin as stated in Korea. After the Defendant issued a false certificate of origin as of October 4, 2007 by submitting the certificate of origin to the Korea Chamber of Commerce and Industry, the Defendant exported the country’s clothing 38,911 points, market price, 437,389, and 3086 won from that time to October 16, 2007, as shown in attached Table 1, Korea’s list of crimes.

B. Violation of the Customs Act

When it is intended to import, export or return goods, the name, standard, quantity, storage place, origin, etc. of the relevant goods shall not be falsely reported.

On October 2, 2007, the Defendant filed a false export declaration on the origin of 20,606 points, such as male-use bags, at the Seoul Customs Office located in Gangnam-gu Seoul Metropolitan Government, for a false issuance of the certificate of origin as shown in the preceding paragraph, and filed a false export declaration on the origin of 38,911 points in China and KRW 458,448,921 at the market price, from October 16, 2007 to October 16, 2007.

2. Defendant Company

(a) Violation of the Foreign Trade Act;

Defendant Company exported 38,911 domestic clothing, market price of 437,309,868 won, as if it were Korea, at the time, at the same time, at the place, and at the same time as paragraph (a) of Article 1, Defendant 1, an employee, Defendant 1, who had been an employee.

B. Violation of the Customs Act

The Defendant Company filed a false export declaration on the origin of KRW 38,91, and the market price of KRW 458,448,921, in relation to the duties of Defendant 1, who is an executive officer, at the same time and place as Paragraph 1(b).

Summary of Evidence

1. The legal statement of Defendant 1

1. Documents to be reported or attached to the output of customs data and certificates of origin, records of seizure, list of seizure, examination of evidential documents, documents to be reported or attached, expert records, accusation and case delivery;

Application of Statutes

1. Article applicable to criminal facts;

○ Defendants: Article 53(2) Subparagraph 8 of the Foreign Trade Act, Article 38 of the Foreign Trade Act (the most domestic goods of each foreign country on the market, the choice of fines for Defendant 1), Articles 276(1) Subparagraph 4 of the Customs Act, and Article 241(1) (the fact of each false export declaration on the market)

○ Defendant Company: Article 57(1) of the Foreign Trade Act; Article 280 of the Customs Act

1. Determination of aggravation of concurrent crimes and sentence of sentence;

The Defendants: (a) determine the amount of a fine of KRW 12,00,000 for each crime under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act within the scope of the amount of a concurrent crime under Article 38(1)2, and Article 50 of the same Act; and (b) determine the amount of a fine of KRW 2,00,000 for each crime under the former part of Article 37 of the Criminal Act and Article 278(1) of the Customs Act as to each crime under Article 278(1) of the Customs Act; and (c) determine the amount of a fine of KRW 20,00,000 for each of the crimes to the Defendants.

1. Detention in a workhouse;

○ Defendant 1: Articles 70 and 69(2) of the Criminal Act

It is so decided as per Disposition for the above reasons.

[Attachment]

Judge Lee Jae-soo

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