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(영문) 서울중앙지방법원 2015.10.21 2015고정3317
대외무역법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant manufactures insects, solventss and sterilizations, and attempts to do so.

It is the substantial representative of B Co., Ltd. operating retail business.

Any person who intends to import goods, etc. from a foreign country shall mark the country of origin on such goods, etc. (goods subject to the indication of the country of origin), and shall comply with orders issued by the head of a customs office to take corrective measures

Nevertheless, on October 22, 2014, the Defendant: (a) damaged or changed the country of origin origin labeling of the domestic military horse 785,400 produced in China; and (b) was discovered to be in violation of the Foreign Trade Act; (c) was ordered to take corrective measures on October 30, 2014; (d) on January 22, 2015, the Defendant visited and confirmed by the investigator to verify the completion of the corrective measures; (e) as indicated in the attached list of crimes, the Defendant failed to comply with the corrective measures, such as failing to indicate the origin on the present goods; and (e) during the period of corrective measures (from October 22, 2014 to January 22, 2015), reported to the head of a customs office having violated the Foreign Trade Act by reporting on the completion of the corrective measures by up to 771,000 of the domestic military horse 785,400 among the Chapters 780,014 to 16,2014.

Summary of Evidence

1. Partial statement of the defendant;

1. General conditions of a purchase contract;

1. Special conditions for quality control of a purchase contract;

1. Special conditions for a purchase contract;

1. Special terms and conditions of bar codes contract;

1. A copy of the goods delivery and receipt;

1. Reports on orders to take corrective measures to indicate places of origin;

1. Summary order;

1. Public notice on the operation of the country of origin system, extracting the text thereof;

1. Mack photographs of Chinese production and delivery;

1. Mack photographs of domestic production and delivery;

1. Second corrective orders for place of origin labeling;

1. Investigation Report - Application of the legislation governing the first order to take corrective action to indicate the place of origin;

1. Relevant Article 53-2 subparagraph 3 of the Foreign Trade Act, and Articles 33-2 (1) and 33-2 (1) of the Foreign Trade Act concerning facts constituting an offense;

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