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(영문) 인천지방법원 2017.09.14 2017고정859

관세법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 7,000,000 and by a fine of KRW 3,000,000, respectively.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is a person in charge of overseas purchase of imported goods as a director of B and sales in Korea, and Defendant B is a corporation whose head office is Daegu Suwon-gu C commercial building D established around November 2, 2015 for the purpose of selling household appliances imported from Germany, etc.

1. The imported goods of Defendant A shall not meet any of the requirements for permission, approval, recommendation, certification, or other conditions necessary for import pursuant to statutes, or shall not meet such requirements or conditions by fraudulent means;

Nevertheless, the Defendant brought in goods purchased from a foreign country to sell them in Korea and attempted to import them by avoiding necessary import requirements, such as permission, in accordance with the laws and regulations when importing them, as if they were imported from a foreign country for personal use by domestic residents.

Therefore, the Defendant, on December 23, 2013, imported 1 unit of electricity from Germany (AEG HK63420PB) in a way of avoiding confirmation by the safety certification agency under the Electric Appliances Safety Control Act by reporting the commercial goods in its own way while filing an import declaration (E) with the Incheon Airport Customs Office, and imported 574 unit of electricity, such as electric car purchased from Germany by November 9, 2016 from that time, and 326,045,316 unit of goods from that time to November 9, 2016. The Defendant illegally exempted the Defendant from the confirmation by the certification agency of the Electrical Appliances Safety Control Act and the notification to the Administrator of the Local Food and Drug Safety Administration of the Food and Drug Act.

2. Defendant B, the Defendant, from November 3, 2015 to November 9, 2016, committed a violation of law regarding the corporation’s business, as described in paragraph 1.

Summary of Evidence

1. Defendants’ respective legal statements

1. Request for accusation and an analysis report;

1. A report on investigation (detailed statement of transactions of entry and withdrawal) and a detailed statement of the agricultural bank account;

1. Business registration certificate,.