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(영문) 서울중앙지방법원 2014.02.12 2013고정6831

관세법위반등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a representative of C who imports and sells products for mountain and camping in Jung-gu, Seoul.

No person who imports goods from a foreign country shall file a false declaration with the head of a customs office on the taxable price in order to affect the determination of the amount of customs duties while importing goods, and no trader or seller of goods shall indicate the country of origin with false or misleading indication.

1. Violation of the Customs Act;

A. On April 30, 2013, the Defendant: (a) filed an import declaration with the head of Incheon Customs Office on April 30, 2013, in order to secure domestic sales competitiveness; (b) filed an import declaration with D, 2,800 wire ropes, etc. for camping in China; and (c) filed an import declaration as if the actual transaction price of the goods were transacted with US$ 14,500, thereby evading customs duties equivalent to US$ 10,290 (Korean US$ 11,62,452).

B. On May 6, 2013, the Defendant: (a) filed an import declaration with the head of Incheon Customs Office an import declaration number of KRW 3,000 from China on May 6, 2013, the Defendant evaded customs duties of KRW 3,480,230, which will be imposed on the difference of US dollars 24,00 (Korean US$ 26,771,040) by reporting that the actual transaction price of the goods was US$ 40,500; and (b) making a customs declaration as if it was transacted with US$ 16,500.

2. On July 20, 2012, the Defendant violated the Foreign Trade Act: (a) reported to the head of Seoul Customs Office to import declaration number F; and (b) sold in the Republic of Korea the imported Chinese sea drinking food; (c) falsely labeled the country of origin as “Domination (third country EM)”; or (d) falsely labeled the country of origin as “Domination (third country EM)” with the indication of origin as “Domination (third country EM)” in the inventory to be attached to the product with knowledge that it is illegal

On July 20, 2012, the Defendant: (a) attached labels with Germany whose origin was falsely labeled; (b) sold five domestic circulations, 183,750 won of the goods price to G, a domestic buyer; and (c) from that time until October 8, 2013, the list of crimes (Violation of the Foreign Trade Act) Nos. 1 through 33.