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(영문) 부산지방법원 2014.06.12 2014고정817
대외무역법위반등
Text

Defendants shall be punished by a fine of KRW 10.9 million.

Defendant

A fails to pay the above fine, 50,000.

Reasons

Punishment of the crime

1. Defendant A: (a) around July 11, 201, at the office B Co., Ltd. around the same month, only carried out simple processing of eight franchises equivalent to 14,040,933 won in the market price imported from China from China via the import declaration number D; and (b) exported to Eth of Singapore the relevant goods to Korea; (c) although the country of origin of the relevant goods is in China due to the lack of substantial transformation of the relevant goods, Defendant filed a false export declaration with the office of thought and injury; (d) around July 18, 2011, Defendant A filed a false origin declaration with the Korea Chamber of Commerce and Industry by using the export declaration certificate; (e) issued a false origin certificate with the false origin certificate from the time the country of origin was marked to the buyer with the false origin certification number G; and (e) obtained a false origin certificate from November 26, 2012 to 59 times in total, 1,640,890,618, Korea’s false origin declaration or false origin declaration with 327.

2. Defendant B Co., Ltd.: (a) filed an export declaration of the origin of 1,640,890,618 China-China (12,372) with a total of 59 times via the method described in paragraph (1) by Defendant B, a representative, on a false basis; (b) filed a false export declaration of the origin of 12,372 Korea-China; and (c) received a false certificate of origin or indicated a false origin

Summary of Evidence

1. Defendants’ legal statement

1. Each investigation report;

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

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

A. Defendant A: Articles 53-2 subparag. 4 and 38 of the Foreign Trade Act (the most place of origin); Articles 276(1)4 and 241(1) of the former Customs Act (amended by Act No. 11602, Jan. 1, 2013); the selection of each fine

B. Defendant B: Articles 57, 53-2 subparag. 4, and 38 of the Foreign Trade Act (the point of origin most).

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