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(영문) 부산지방법원 2015.07.02 2015고단2488

관세법위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who imports and sells textile materials, etc. from China while operating a business entity called “B”.

No one shall import goods from a foreign country without filing a false report or filing a false report on the dutiable value, tariff rate, etc. in order to affect the determination of the amount of customs duties.

Nevertheless, the Defendant, on May 15, 2010, imported from the Busan Customs office located in 20 as the Haak-gu Busan Central District on 20th day of May 15, 2010, imported from China 64,892 Pol Estetetehyms 63,211 but reported at low price of 20,726 U.S. and evaded customs duties of 1,415,627 equivalent to the difference between 12,485 U.S. dollars by reporting at low price of 20,726. From that time to December 6, 2013, the Defendant evaded customs duties of 94,878,746 U.S. duties equivalent to 837,834 U.S. dollars by reporting the difference at low price.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to each investigation report and accompanying documents (No. 1 through 20, No. 28) and written accusation;

1. Articles 270(1)1, 241(1)1 and 271(1) of the former Customs Act (amended by Act No. 10424, Dec. 30, 201); Articles 270(1)1 and 241(1) of each Customs Act (Attached No. 1 or 12); Articles 270(1)1 and 241(1) of each Customs Act (Attached Table No. 13 through 55) concerning criminal facts

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended sentence (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 of the same Act, although the person was sentenced to a fine of two million won for the same crime), has been led to the confession of the crime, and the amount of corrected tax as a result of the evasion of customs duties has been paid KRW