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(영문) 광주지방법원 순천지원 2019.01.18 2017고단1298
관세법위반등
Text

Defendant shall be punished by a fine of 11,100,000 won.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Punishment of the crime

Where a person who has produced a timber product intends to sell it or to import it through customs clearance, he/she shall undergo an inspection of standards and quality of timber in B, and no person who has filed an import declaration shall import it without meeting requirements for permission, approval, recommendation, certification, or other conditions necessary for import under statutes or import it by fraudulent means.

On January 22, 2014, the Defendant imported wood pellets, etc. from overseas and used them in a factory under its control, and C, an employee in charge of purchasing said Defendant Company, imported timber pellets, without undergoing the standard and quality inspection from B from the Mineyang Customs, and cleared the import declaration (report number D) of wood pellets 51,200 kilograms, which was not inspected on the standard and quality of wood, from around September 22, 2015, from that time, until September 22, 2015, the Defendant imported and cleared timber pellets pellets equivalent to KRW 8,094,880km (2,017,545,110 won at the market price) in total over 37 times, such as the size and quality inspection of timber from B.

The Defendant did not pay considerable attention and supervision to prevent a violation of customs clearance by importing wood pellets, the employees in charge of which did not undergo the standard and quality inspection of timber.

Summary of Evidence

1. Defendant's legal statement;

1. Copies of each prosecutor's statement concerning E, F, and G;

1. Statement to C by the police;

1. A written accusation;

1. Application of Acts and subordinate statutes on import clearance to pellets A;

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, Article 37 of the Criminal Act and Article 278 of the Customs Act against the defendant are Article 38 of the Criminal Act.

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