Text
Defendant
A and Defendant B shall be punished by a fine of 2,000,000 won.
Defendant
A does not pay the above fine.
Reasons
Punishment of the crime
Defendant
A was a representative director of B, and Defendant B was a corporation with the purpose of scrap metal and non-ferrous export and import business.
1. A person who files an export declaration on goods shall meet requirements for permission, approval, recommendation, certification, and other conditions necessary for export in accordance with Acts and subordinate statutes, and shall not export goods without meeting such requirements or by meeting such requirements and conditions by illegal means;
Nevertheless, on June 5, 2012, Defendant A attempted to export mixed steel scoo (mixed scoop) 1,200,000km (970,774,220 won) under the name of the company B, which is subject to permission for export declaration, without obtaining permission or reporting from the Han River Station Management Office. However, Defendant A was discovered during the process of customs inspection and attempted to export them.
B. Defendant B Co., Ltd. is related to the business of Defendant A, the representative of Defendant Company.
The act of violation, such as the paragraph, was committed.
Summary of Evidence
1. Defendants’ respective legal statements
1. Questions requested for investigation, survey reports (verification of the details of export declarations and the current items), export declarations, and survey reports (verification of whether they are subject to permission for export declaration of wastes);
1. Application of Acts and subordinate statutes on photographing goods;
1. Relevant legal provisions concerning criminal facts and defendant A who choose a sentence: Articles 270 (3), 241 (1), and 271 (2) of the Customs Act; defendant B who choose a fine: Articles 279 (1), 270 (3), 241 (1), and 271 (2) of the Customs Act;
1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;
1. Defendants of the provisional payment order: The portion not guilty under Article 334 (1) of the Criminal Procedure Act
1. The summary of the facts charged is that Defendant A was a representative director or representative director of Company B and C, Defendant B and C are corporations with respective scrap metal and non-ferrous metal export and import businesses.
1. A person who files an export declaration on goods shall meet requirements for permission, approval, recommendation, certification, and other conditions necessary for export in accordance with Acts and subordinate statutes, and shall not meet such requirements and conditions or make an illegal means;