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(영문) 전주지방법원 2018.11.08 2018구합347
업무정지처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On December 13, 2016, the prosecutor of the Gun Office of the former District Prosecutors’ Office prosecuted B, who is the Plaintiff and the Plaintiff’s employee, as the following crimes and the facts charged:

I. Matters pertaining to the defendant

4. Facts charged on Defendant A (hereinafter referred to as the “Plaintiff”) under Articles 279(1), 271(2), 269(2)1 and 241(1) of the Customs Act, Articles 37 and 38 of the Criminal Act, which are applicable provisions of the Customs Act to the name of the Defendant A (hereinafter referred to as the “Plaintiff”).

1. Joint criminal conduct in Defendant C, D, and B

A. On February 17, 2015, the Defendants: (a) pretended to import China’s high-quality atmosphere; and (b) gathered profits by way of domestic sales after importing China’s crypt crypt crypt crypt crypt crypt cryp.

Defendant

C around February 17, 2015, at the entrance of two containers in China, he loaded 7,50 km in the middle air of Korea at the entrance of two containers, concealed 38,784km in China on the inside of the container as the so-called "studation" method carrying KRW 230,764,80 on the inside of the container, and then carried in the name of the E company. Defendant D shall deliver documents, etc. necessary for customs clearance and import clearance delivered in advance by the Defendant C upon arrival of the above goods at the military mountain port, to the Defendant, and Defendant B attempted to import the said scrap, such as informing Defendant D of the progress of the customs inspection at the request of Defendant D, but was found to have been discovered and attempted to have been discovered by customs officers.

B. On April 16, 2015, the Defendants, as indicated in the preceding paragraph, attempted to import vehicle scrap, and discovered damage therefrom. In order to avoid customs control, the Defendants were using the name of “F company” under the name of “F company,” which had high import performance due to the Pyeongtaek Military Port, as if they were leased from G to import Chinese high-air air bags (tax rate of 270%) in Korea, and collected profits by way of smuggling import and selling them to the Republic of Korea.

Defendant

C In fact, around April 16, 2015, at the Chinese tindo, container is in fact a container.

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