beta
(영문) 인천지방법원 2015.12.17 2015고정3345

관세법위반

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the actual representative of B, who is a clothes importer.

If anyone intends to import goods, he/she shall report to the head of a customs office the name, quantity, quantity, and price of the relevant goods, and other matters prescribed by Presidential Decree, and shall not make a false declaration on the dutiable value,

Nevertheless, the Defendant and C concluded an import clearance contract under the name of D and E, a company run by C, and the Defendant concluded an export and import clearance contract to pay C an agency fee less than the relevant expenses such as customs duties required when normal customs clearance is performed. The Defendant and C conspired to report the price of the goods at the time of import declaration under the name of D, etc. and to evade customs duties by reporting the price of the goods at a lower level.

On October 16, 2010, the Defendant reported to the head of Incheon Customs Office 70 points in the name of E Co., Ltd. 13,120,100 won when the value of the above goods was actually reduced to KRW 2,284,298, and subsequently evaded customs duties equivalent to KRW 1,395,654 equivalent to the difference of KRW 10,735,802 from October 16, 2010 to July 15, 2013, the Defendant filed an import declaration of KRW 45,686 points in the name of E Co., Ltd. and D, and filed an import declaration of KRW 45,686 in the name of E Co., Ltd. from October 16, 2010 to July 15, 2013, and filed an import declaration of KRW 13,282,240,635,296,286,296,200 won.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of each protocol of examination of suspect C;

1. Copies of each statement of G, H, I, J, and K;

1. B Corporate business files, B revenue records, B foreign currency remittance records, B's foreign currency remittance records, etc., the foreign currency remittance records, D foreign currency remittance records, 78 copies of the D customs clearance statement, No. 1.