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(영문) 수원지방법원 2013.06.13 2013고단353

관세법위반

Text

The defendant shall be punished by a fine of KRW 1,950,00 for the crime No. 2 in the judgment of the court, six months of imprisonment with prison labor.

Reasons

Punishment of the crime

The Defendant is a business operator who imports and sells measuring instruments parts, etc. under the trade name of “C”.

1. The Defendant, on May 21, 2009, evaded customs duties equivalent to KRW 106,078, equivalent to USD 106,221,404, in total, on 13 occasions between around July 25, 2012 and around July 25, 2012, after making an import declaration (reported No. 46,221,404) on the import price of the said customs office, while the actual import price of the “FS AI COVVE” imported in the United States of America, which had been imported from the said office of customs clearance at USD 1,405,00.

2. If any person intends to import goods, he/she shall file a false import declaration thereon with the head of the relevant customs office and shall not file a false declaration on the name, standard, quantity, price, etc. of the relevant goods;

Nevertheless, around May 18, 2009, the Defendant filed a false declaration on the actual import price of the “PHH MEER SNSS” imported from the U.S. customs office in Singcheon-dong, 2009, with the import price of USD 2,756, but the import price of the above customs office was USD 2,145, as shown in the attached Form (2) and with the same method from the Si to July 9, 2012, on 39 occasions, of the actual import price of KRW 183,930,554, the actual import price of the imported goods was KRW 183,930,554.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Securing and analyzing actual price data of imported goods);

1. E-mail output 359 items;

1. Application of Acts and subordinate statutes to written accusation;

1. Article 270 (1) 1 of the former Customs Act (Act No. 11121, hereinafter the same shall apply), Article 276 (1) 4 of the former Customs Act, Article 276 (1) 4 of the former Customs Act, and Article 241 (1) of the former Customs Act, each of which constitutes a crime;

1. Crimes under the former part of Article 37, Article 38(1)2, and Article 50(1) of the Criminal Act among concurrent crimes: