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(영문) 수원지방법원 평택지원 2015.07.09 2015고단510

관세법위반

Text

Defendant

A Imprisonment of one year and six months and fine of 3,000,000 won, Defendant D Co., Ltd. shall be punished by a fine of 16,00,000 won, and Defendant.

Reasons

Punishment of the crime

Defendant

A is the representative director of D Co., Ltd., which was in Gyeonggi-si J from March 2013 and the person who actually operated E from around 2014.

Defendant

D Co., Ltd. is a company established around October 25, 201 for the purpose of trading business and wholesale and retail business of agricultural, livestock and fishery products by setting the above place as the location of its head office.

Defendant

On April 1, 2010, Co., Ltd. is a company established for the purpose of trade business, etc. with the above place as the location of its head office, and a bonded warehouse (the type of a licensed bonded area which is patented by the head of the customs office upon application by a private person among facilities for profit-making purposes) which has been licensed by the head

[2015 Highest 510]

1. Defendant A, as a result of business deterioration around April 2014, with very bad financial standing, such as the accumulated amount of financial right liabilities up to KRW 00 million, and thereby making it difficult for Defendant A to pay customs duties normally. In principle, Defendant A, in spite of the fact that the Defendant, after importing agricultural products from China and bringing them into a bonded warehouse of the said corporation E Co., Ltd. managed by the Defendant, should take out the goods after receiving an import declaration and receiving the import declaration after undergoing necessary inspection, etc., even though the Defendant did not make an import declaration, or arbitrarily taken out foreign goods in the state of foreign goods before receiving the import declaration prior to the normal customs clearance procedure, sold the goods to domestic customers for the purpose of using the sales funds

The name, standard, quantity, price, etc. of the relevant goods shall be reported to the head of the relevant customs office when any person intends to import any of the domestic frozen and sealed goods (unreported import).

Nevertheless, the Defendant, on April 2014, filed an import declaration with the customs office of the cost of the goods 94,188,672 won (market price of KRW 152,65,871), which was brought into the bonded warehouse of the said corporation E, Inc. on October 26, 2013, and was waiting for customs clearance (market price of KRW 152,65,871).