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(영문) 수원지방법원 성남지원 2014.01.17 2013고단2771

관세법위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant is a representative director C of a corporation that engages in wholesale business, etc. of building materials under the trade name of “B” and engages in wholesale business, etc. of building materials.

On February 2, 2009, the Defendant evaded customs duties of USD 120,917,722 to be imposed on USD 43,091, which is the difference, on 77 occasions from around that time to November 13, 2012, including, but not limited to, 89,216, the actual price of tin products imported from China, which is 46,125 US dollars, was falsely lower than 43,091 US dollars. The Defendant evaded customs duties of USD 1,068,980 (Korean US$ 1,408,76,359), which is the difference, from around that time to November 13, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the accused;

1. Investigation reports, import clearance records, foreign exchange payment records, building-to-land price comparison, business information inquiry meetings, investigation reports (review, etc. of foreign exchange remittance data), requests for submission of financial transaction data, investigation reports (attached to import declarations, etc.);

1. Application of Acts and subordinate statutes to written accusation;

1. Article 270 (1) 1 of the Customs Act and Article 241 (1) of the same Act applicable to the crimes and the selection of punishment;

1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act refer to the accused for committing a crime, and there is no previous conviction punished for the same crime, but the accused has reached approximately KRW 120 million and no customs duties evaded have been paid in consideration of the fact that the accused has evaded;