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(영문) 광주지방법원 순천지원 2019.01.18 2017고단1303
관세법위반등
Text

Defendant shall be punished by a fine of KRW 10,200,00.

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

Reasons

Punishment of the crime

No one shall clear any timber product that has failed to undergo standard or quality inspection from the Korea Forestry Promotion Institute, and no person who has filed an import declaration shall import such product without meeting the requirements for permission, approval, recommendation, certification, or other conditions necessary for import under statutes or import such product in an unlawful manner.

B, the representative director of the Defendant, around January 28, 2014, imported wood pellets 76,50 km from the Korea Forestry Promotion Institute, which was not inspected the standard and quality of timber, without undergoing a total of 34 times from March 24, 2015, from that time until March 24, 2015, from that time, imported wood pellets 76,50 km, which was not inspected the standard and quality of timber, without undergoing a total of 6,193,50 km (market 1,510,989,50 won).

The Defendant did not undergo the standard and quality inspection of the employees in charge, but did not exercise due care and supervision over timber pellets that failed to meet the import conditions in the name of the Defendant, such as importing, clearing, etc. in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

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

1. The police statement concerning B;

1. A written accusation;

1. Application of Acts and subordinate statutes to report on investigation (investigation of Suspected Enterprises, etc.);

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, the former part of Article 37 of the Criminal Act, Article 278 of the Customs Act, Article 38(1)2 of the Criminal Act does not apply to the defendant, who violated each Customs Act, since the provision on restricted aggravation of fines concurrent crimes is not applied.

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