관세법위반
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. The Defendant is the representative of C, a primary exporter, who violated the Customs Act by smuggling.
If it is intended to export goods, the item, size, quantity and price of the relevant goods and other matters prescribed by Presidential Decree shall be reported to the head of the relevant customs office and shall not export goods different from those on
Although the registration of cancellation is required for export of used cars, the Defendant received an export declaration with a vehicle that can not file an export declaration for export because it is impossible to cancel the vehicle, or a vehicle that can file an export declaration for export of stolen vehicles, and used it for export by shipping, instead of an export declaration.
On February 29, 2012, the Defendant received an export declaration (report number D) as if he were exported of a motor vehicle of 1996 from Incheon at the Incheon port, and then actually shipped and exported the 2008 model franchise (number E) equivalent to the market price of 13,120,000 won which was not reported to the head of the customs office.
On February 29, 2012, from around May 25, 2012 to around May 25, 2012, the Defendant reported different goods from the goods and exported more than KRW 230,210,00 in the market value by replacing the export declaration of the vehicle with which export declaration was accepted normally on 23 occasions, such as the attached list 1.
2. No one who has filed an export declaration in violation of the Customs Act by illegal exports, but fails to meet any of the requirements for permission, approval, recommendation, certification, or other conditions necessary for export pursuant to Acts and subordinate statutes, or exports by illegal means;
Although the registration of cancellation is required for export of used cars, the defendant is not a motor vehicle which has filed an export declaration after receiving an export declaration with a vehicle that can not make an export declaration due to the impossibility of cancelling the vehicle, or a vehicle that can make an export declaration normally for export of stolen vehicles.