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(영문) 대전지방법원 2015.05.19 2014고단4020

관세법위반

Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of KRW 100 million.

If the defendant does not pay the above fine, it shall be gold.

Reasons

Punishment of the crime

The Defendant is a person who resides in Daejeon U.S. D and 501, who runs a place of business without business registration in the Daejeon U.S. E, and is a person who actually runs an Internet sales site.

The defendant purchased highly audio and audio parts at e-ray, etc. of foreign Internet shopping mall, and imported them through international mail and sold them to the general public.

International postal items brought into Korea for sale shall be cleared with the name, standard, quantity and price of the relevant goods, and other matters prescribed by the Ordinance of the Ministry of Customs Service, and shall be cleared with on-site tax exemption and on-site customs clearance or simplified customs clearance shall not be conducted as if they are used by persons other than for sale.

On December 21, 2007 through the Incheon Airport International Postal Customs Office, the Defendant received one of the sales-related missions equivalent to USD H and US$ 13.95 (U.S. 13,009) (U.S. 13,00) in the name of the head of the Incheon Airport International Postal Customs office, and imported goods for sale-related use of the amount of KRW 17,493, totaling 2,102 times until March 13, 2014, including the actual mission, tamp, and straw parts, totaling 17,493, totaling 17,493, the cost of the goods, USD 568,927 (U.S. 652,654,942), the market price (domestic wholesale price), and the market price (domestic wholesale price) 1,013,438,128, the amount of customs duties 40,396,360 won, without making an import declaration.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Investigation report (including the results of search and seizure and accompanying documents);

1. Articles printed out of the ypal settlement screen;

1. Details of customs clearance of postal items;

1. Details of subscription to sound or electronic;

1. A statement explaining the details of customs clearance;

1. Details of simplified customs clearance;

1. Details of the payment of simplified customs clearance taxes;

1. A written appraisal;

1. Application of PAYPAL.COM statute to output output;

1. Article 269(2)1, Article 241(1) of the former Customs Act (amended by Act No. 10424, Dec. 30, 201); and Article 269(2)1 of the Customs Act regarding criminal facts.