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(영문) 서울중앙지방법원 2018.10.17 2017고정1757

관세법위반

Text

Defendants are not guilty.

Reasons

1. Where anyone who is charged with the alteration intends to export goods, he/she shall report to the head of a customs office the name, standard, quantity and price of such goods and other matters prescribed by Presidential Decree

A. The joint crime committed by Defendant A and Defendant B is a person who actually operates D Co., Ltd., a company exporting cosmetics, etc. overseas, and Defendant B is a person who actually operates E, a company exporting cosmetics, etc. overseas.

Defendant

On February 2, 2016, A requested from G of Chinese nationality (a disposition suspending prosecution on May 12, 2017) to export cosmetics to China at KRW 4,300 per kilogramg, and consented to the request. Since Defendant A requested Defendant B to export cosmetics to China at KRW 3,700 per kilogramg, Defendant B conspired to export cosmetics in order by requesting Defendant B to export cosmetics to China.

Defendant

B Without filing an export declaration with the head of the customs office on July 5, 2016, B exported tight 480 of the market price of 595,200 won nis (innsfree) nis (insnsfree) niscis 480 won at the request of Defendant A at the Incheon port located in Jung-gu Incheon port-dong 7 A, Jung-gu, Incheon. Defendant A exported Smuggling to China’s head of the Gu through lusal port. Defendant A, around the 16th of the same month, transported tight cosmetic exported from around September 10, 2016 to the Chinese owner designated by G through the local home-based distribution company, as shown in the attached list of crimes (1) 83,830,640 won at the market price every nine times, and exported 4,425 cosmetic exported from China.

Accordingly, the Defendants conspired with the above G head of customs office to export cosmetics without filing an export declaration.

B. Defendant C, at the request of the owner of goods, was a person who actually operates F, a company that delivers goods to China, after filing an export declaration with the International Postal Service and Customs Office, and was willing to export the said G and cosmetics. Around February 2016, Defendant C conspired to export the said G and cosmetics.

The defendant.