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(영문) 인천지방법원 2019.08.22 2019고정1078

관세법위반등

Text

Defendant shall be punished by a fine of KRW 30 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who operates C for the purpose of importing and selling literature equipment, correspondence, and various literary goods in Seo-gu Incheon City.

1. Violation of the Customs Act;

(a) The name, standard, quantity, and price of the goods concerned and other matters prescribed by Presidential Decree shall be reported to the head of a customs office before importing the goods sealed;

Nevertheless, the Defendant, without reporting to the head of the customs office on June 26, 2015, imported 1 door-to-door equipment equivalent to KRW 534,537 of the cost from D located in the United States (EGOex verktil Maach).

From that time until April 27, 2018, the Defendant did not report to the head of the customs office, as described in attached Table 1, and imported 20,107 points of the cost of KRW 176,152,319 (market price of KRW 275,750,309) over 76 times.

(b) not be imported without filing a false report or declaration on any dutiable value, tariff rate, etc. in order to affect the determination of the duty evasion amount;

Nevertheless, on May 13, 2015, the Defendant imported 3,343 US$20,550 from E in China, and filed a false declaration as if the price was 1,335 US$1,335.

From that time until July 21, 2016, the Defendant imported 32,970 US dollars 276,150 over 15 times, as shown in the attached Table 2, from that time, and filed a false declaration on the price of 8,307 US dollars, and evaded customs duties of 2,139,120 US dollars.

(c) He/she shall not obtain permission, approval, recommendation, certification, or other conditions necessary for import pursuant to the statutes on illegal import, or shall not import by meeting such requirements or conditions by fraudulent means;

Nevertheless, on May 13, 2015, the Defendant imported more than KRW 3,643,855, a cost of KRW 3,643,855 for each item of medical device under the Medical Devices Act from E located in China, without obtaining import certification.