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Defendants are not guilty.
Reasons
1. The summary of the facts charged is that Defendant A is the representative director of “F” for the purpose of importing and selling agricultural products, such as Y, and Defendant B is the auditor of the said company.
1. On March 2008, the Defendants: (a) concluded at the above company that operated the Victim “G Co., Ltd., Ltd., Ltd., in California; (b) concluded 23 containers that were revoked by “I” as an importing company of the Republic of Korea to be imported from “G Co., Ltd.; and (c) concluded in F, the Defendants would accept 23 containers (the amount of 1,000 container No. 1,00 container No. 1) from “I would take over 23 containers revoked by F.I.; and (d) would bear the cost of customs clearance costs, and the cost of the container No. 1,000 container No. 1,00 container No. 1,00 container No. 1,000 container No. 23 container No. 1; and (d) sent the invoice with the original invoice, the reduced amount entered in the invoice shall be sent immediately, and as to the difference, the difference would be remitted
However, the Defendants did not have any intent or ability to pay the difference according to the agreement even if they agreed with H as above.
Nevertheless, the Defendants deceiving the above H in such manner as above and deceiving it, as shown in the annexed List of Crimes from H.
3. The same year from around 21.
5. Until December 27, 200, the victim company imported sirens equivalent to USD 1,938,618 from the victim company, and paid USD 1,528,050 out of the price, and did not pay USD 410,568 (Korean USD 407,880,70) in difference.
As a result, the Defendants conspired to acquire the same amount of property profit from the victim.
2. No person who imports any goods in violation of the Customs Act shall import such goods without filing a false report or filing a false declaration on the dutiable value, tariff rate, etc. in order to affect the determination of the amount
Nevertheless, the suspect reports to the invoice stating the amount below the actual import price.