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(영문) 인천지방법원 2013.11.21 2013고단5608

공문서변조등

Text

A defendant shall be punished by imprisonment for one year.

865,680,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[2013 Highest 5608]

1. Violation of the Customs Act;

A. The Defendant is a person who operates “E” and “F”, a motor vehicle exporter located in the Yeonsu-gu Incheon Metropolitan City D Logistics Center.

When it is intended to export goods, the name, standard, quantity and price of the relevant goods and other matters prescribed by Presidential Decree shall be reported to the head of the relevant customs office, and no goods shall be exported after filing a declaration thereon.

The Defendant had a mind to export a motor vehicle by altering the export declaration certificate of another motor vehicle already issued or the detailed statement of the acceptance of export declaration in order to export a motor vehicle, etc., the export declaration of which is impossible due to the impossibility of cancelling the motor vehicle.

On May 6, 2011, the Defendant filed an export declaration number H with the export declaration number of 2000 Kankmen G at the Incheon Customs Office located in Jung-gu Incheon Metropolitan Government 7 Dong-dong 1-18.

At around that time, the Defendant stored the export declaration completion certificate accepted for export declaration in the above office on the computer using a scanner, and altered the part in the model specification column of the export declaration completion certificate using the screen board program as “200 G” into “209 I,” and exported Lone Starex from May 13, 201 to a foreign country in the amount of KRW 11,630,000 in the market price through the Incheon Port.

In addition, from the above date to August 1, 2012, the Defendant reported goods different from the export goods by altering the export declaration completion certificate or the detailed statement of export declaration acceptance on a total of 61 occasions as shown in the attached Table (1) and exported 61 vehicles with heavy weighted of 78,170,000 won in total.

(b) No person who files an export declaration for an illegal export shall obtain permission, approval, recommendation, certification, or other conditions necessary for export in accordance with Acts and subordinate statutes, or export by an illegal means;

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