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(영문) 인천지방법원 2015.08.20 2015고단3929

관세법위반

Text

Defendants shall be punished by a fine of KRW 20,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the actual operator of Company B located in Jung-gu Incheon Metropolitan City, and Defendant B is a corporation that runs the freight forwarding business.

When it is intended to export, import or return goods, the name, standard, quantity and price of the goods and other matters prescribed by Presidential Decree shall be reported to the head of a customs office.

1. On January 2, 2014, Defendant A, who was the actual owner of the goods, had been able to file an import declaration under the name of “E”. On January 2, 2014, Defendant A imported the Incheon Customs Report Number 260,56,863 (US$ 520) in China from the F company located in China, G, and the actual owner was “E (E)” as if the actual owner was “E (E). From that time until February 17, 2015, Defendant A filed a false import declaration under the name of another (E (130 times), “I (170 times),” “J (70 times),” “K (80 times),” “M (230 times),” “N (117 times),” “N17 times,” and “N197 times,” and loaned the total amount of KRW 9630,975,979,9749,970,970,9797,947,797,947,7,700 new goods.

2. Defendant A violated the Customs Act, such as Paragraph 1, with respect to the business of the corporation.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement ofO, P and Q;

1. Investigation Report - Requests for criminal investigation of businesses suspected of violation of the Customs Act, etc.; investigation reports- copies of personal settlement of accounts; investigation reports (including accompanying documents for false import declarations, etc.); application of Acts and subordinate statutes;

1. Article applicable to criminal facts;

(a) Defendant A: Articles 276(2)4 and 241(1) of the Customs Act;

B. Defendant B: Article 279(1) of the Customs Act; Articles 276(2)4 and 241(1) of the Customs Act

1. The former part of Article 37 of the Criminal Act among concurrent crimes, and Article 278 of the Customs Act;

1. Defendant A with detention in a workhouse: Articles 70(1) and 69(2)1 of the Criminal Act.