beta
(영문) 광주지방법원 2017.02.17 2016고정2060

관세법위반

Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16090, Jan. 1

Reasons

Punishment of the crime

The Defendant is a person who imports and sells the abortion from China while actually operating the Seo-gu Seoul Metropolitan City (State), Da, (State), Do, (State), F, and (State)G in Seo-gu.

A person who files an import declaration on goods shall not import goods without filing a false report on the dutiable value, customs duty rate, etc. in order to affect the determination of the amount of customs duties.

Nevertheless, the Defendant: (a) imported garnish spawn in China at the high rate of 20%; (b) filed an import declaration with low actual market price; and (c) filed an import declaration with the head of Incheon customs office on September 12, 2014, the Defendant evaded customs duties of KRW 897,990 by omitting the difference of 4,376 U.S. dollars which was over 1,376 U.S. dollars imported from China PNJIN AB COMTRD COMD; (d) filed an import declaration with the head of Incheon customs office on September 12, 2014; and (e) omitted customs duties of KRW 1,715,20km; (e) omitted from March 8, 2016; and (e) omitted from customs duties of KRW 301,208,370,305 U.S. dollars and KRW 2985,297,274,271.

Summary of Evidence

1. Statement by the defendant in court;

1. One copy of the investigation report (application for a search and seizure warrant), the materials referred to Seoul Customs Office (information analysis of suspicions of evading customs duties in the Republic of Korea through dispersion transfer), the import records of suspected companies, the details of the sending funds per party, the import records of the funds, and the details of the reports on the investigation and reporting (report on the execution of a search and seizure warrant);

1. The application of Acts and subordinate statutes to one Chinese commodity price, one set of the unit price of G goods, five-year import declaration, five-year import and tariff avoidance, two-year sales and loan agreements, one copy, one copy, one copy, one copy, one copy, one, one, one, one, one, one, the other, and the other, the other, the other, the other, the other, and the other, the other, the other, the other, and the other, the other, and one, the other; and

1. Article 270 (1) 1 and Article 241 (1) of the Customs Act and the selection of fines for criminal facts, each of which is applicable to the applicable law and the selection of punishment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.