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(영문) 수원지방법원 2017.11.30 2017고정2354
대외무역법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a person who engages in wholesale and retail business, such as miscellaneous goods, with the trade name “D” from building B in Suwon-si, Suwon-si.

No trader or distributor of trade, goods, etc. shall place a false or misleading mark on the place of origin.

From October 6, 2014 to June 16, 2017, the Defendant operated D’s Internet shopping mall (E) at the above D office, and marked “F” products to be sold through the above shopping mall site as “the country of origin: Korea”; and sold a total of KRW 138,600 during the above period.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the photograph, business registration certificate, and statutes

1. Relevant Article 53-2 subparag. 1-2 of the Foreign Trade Act and Article 33-4 subparag. 1 of the same Act concerning criminal facts [a violation of the indication of origin of imported raw materials for goods, the simple mixing of which is conducted except water without substantial transformation under Article 61 of the Enforcement Decree of the Foreign Trade Act, Articles 74(1) and 74(4) of the Enforcement Rule of the Customs Act];

1. Selection of punishment: Selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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