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(영문) 인천지방법원 2016.05.12 2015고단8373

관세법위반

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

When goods are exported, the name, standard, quantity and price of the relevant goods and other matters prescribed by Presidential Decree shall be reported to the head of any customhouse, and such goods shall not be exported in an unlawful manner without meeting requirements, such as permission, approval, recommendation, certification, etc. necessary for the export.

The Defendant is a person who engages in the export business of used cars under the name of “D” and “E” located in Yeonsu-gu Incheon Metropolitan City.

As the Defendant is faced with economic difficulties, the Defendant will act on behalf of the customs broker for export of vehicles the export of which is impossible due to the cancellation of registration due to the cancellation of the request, and receive compensation therefor. ① The Defendant requested the customs broker to report the purchase of used vehicles subject to scrap and export, and requested the customs broker to report the export of used vehicles to the customs office, ② the export declaration prepared by the customs broker was accepted in the customs office.

After receiving a written statement of acceptance of export declaration containing the purport of “the export declaration,” (iii) delete the parts of used cars, etc. subject to the export declaration from among the details of the export declaration acceptance report, and modify them by changing the original contents of the vehicle or stolen vehicle, etc. into other vehicle-related items that cannot be exported instead of the mortgage, and (iv) transmit such modified written statement of acceptance of the export declaration to crowdfunding companies.

As above, the original passenger had expressed mind to export a motor vehicle that cannot be the subject of export by means of transporting it.

1. Around January 16, 2011, the Defendant exported sealed exports (three times different) 3 (the chassis number F) of the 2011 salary class that could not be exported due to the de facto cancellation of the registration of a vehicle in the name of “D” at the above D office. Around January 16, 201, the Defendant required a licensed customs broker to file an export declaration number H in the name of “G” 2010 Myststy (the chassis number I) with the export declaration number H in the name of “G,” and accepted an export declaration issued by the said licensed customs broker.