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(영문) 전주지방법원 군산지원 2019.07.10 2019고단365

관세법위반

Text

[Defendant A] The defendant shall be punished by imprisonment for eight months.

[Defendant B] The defendant shall be punished by imprisonment for six months.

(2).

Reasons

Punishment of the crime

[Criminal Justice] On July 16, 2018, Defendant B was sentenced to a suspended sentence of one year for a violation of the Customs Act at the Military Branch of the Jeonju District Court on April 2018, and the judgment became final and conclusive on November 29, 2018.

【Criminal Facts】

Defendant

A is a person who overall assists in the import of G products in operation of F in Seoul, Jung-gu, Seoul, the head of the H office who acts as an agent for customs clearance of goods imported from military service ports, and Defendant C is a customs broker who is the above H representative.

1. If any person intends to import goods jointly committed by a defendant A or B, he/she shall file a report thereon with the head of the relevant customs office on the name, standard, quantity and price of the goods concerned and other matters prescribed by Presidential Decree and shall not import goods different from the relevant imported goods

The Defendants, together with G, share the role of G in purchasing and shipping damp molds powder from Chinese Cheongdo to Korea, the role of Defendant A to overall assist in the import and domestic sales of G in Korea, and Defendant B’s import of the above G in performing customs clearance in the course of entering military port through which the imported goods of the above G enter the Republic of Korea. The Defendants, while importing damp powder (tax rate of 270%) manufactured in combination with water into the Republic of Korea, were trying to disguise the importation of red molds powder (tax rate of 39%), which was manufactured in combination with water into the Republic of Korea, into the Republic of Korea.

Accordingly, the Defendants, around October 1, 2015, filed a false declaration (import declaration number J) as if they were imported 17,900 km, and then filed a false declaration (import declaration number J) as if they were imported at 17,900 km and then filed a false declaration (import declaration number J) on the side of the container at 1st 38,203,380 km in the market price on the side of the container.

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