관세법위반등
Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
If it is intended to export, import or return goods, no declaration or false declaration shall be filed with the name, standard, quantity and price of the goods concerned, and the trade name and business registration number of the person liable for duty payment or the owner of the goods.
On January 12, 2012, in order to export the clothing 439 points to D, which is a customer of Japan, around January 12, 2012, the Defendant made an export shipment at the Busan port through E companies (actual representative F) located in Jung-gu Seoul.
Around that time, the above E company exported goods different from the goods declared for export by means of shipping to the Japanese parallel vessels using the export declaration submitted in advance by stating falsely the items, quantities, prices, exporters, etc. from the Busan port.
From January 12, 2012 to July 16, 2013, the Defendant filed a false report on the items, quantity, price, owner, etc. of the exported goods, when exporting 131,510,711 won in total by 76 times in the following methods: (a) miscellaneous 20,720 of clothes, etc.; and (b) 131,510,711 won in the market price of the exported goods.
Accordingly, the Defendant made a false declaration to the customs collector in collusion with F on matters such as name of exported goods.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness F and G;
1. Police suspect interrogation protocol of the accused;
1. A report on investigation (a copy related to the selection of an enterprise subject to investigation), a copy of an investigation report related to the selection of an enterprise subject to investigation of smuggling for clothing exported, and an investigation report (a copy
1. Records of seizure and the list of seizure;
1. A written appraisal;
1. Application of Acts and subordinate statutes to written accusation;
1. Article 276(2)4 and Article 241(1) of the former Customs Act (amended by Act No. 12027, Aug. 13, 2013); Article 30 of the Criminal Act (amended by Act No. 12027, Aug. 13, 2013); the selection of fines for criminal facts; the selection of fines
1. The former part of Article 37 of the Criminal Act among concurrent crimes, and Article 278 of the Customs Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Summary of the facts charged