beta
(영문) 인천지방법원 2019.01.23 2018고단5639

관세법위반

Text

Defendant

A shall be punished by imprisonment for six months and by a fine for 6 million won, and the defendant B shall be punished by a fine for 10 million won.

Reasons

Punishment of the crime

Defendant

A is the representative director of B, and Defendant B is a corporation established for the purpose of wholesale and retail business of virtual currency.

1. Defendant A

(a) No goods shall be imported without meeting requirements for permission, approval, recommendation, certification, or other conditions necessary for the import of any illegal import;

Nevertheless, around November 9, 2017, the Defendant imported 15 BITCOIN MINER from China under the Incheon Airport Customs Import Declaration Co., Ltd., an object of suitability for radio waves under the Radio Waves Act, without obtaining certification as to radio wave suitability. From that time, the Defendant imported the total amount of KRW 129, the market price of virtual currency mining machines by unlawful means, such as in the list of crimes, from around November 27, 2017. The Defendant attempted to import the amount of KRW 37,531,789, which is equivalent to the market price, by unlawful means, and attempted to import the amount of KRW 92,531,789, which was discovered in the customs house.

(b) Where it is intended to export, import or return goods on which a false declaration is filed, the name, standard, 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 such matters shall not be falsely reported

1) On November 9, 2017, the Defendant imported 15 bitco-pier (BITCOIN MINER) from China, and the actual importer is (State)B, and the actual price is USD 1,415 per unit. However, the importer reported the unit price to USD 60,000 per unit (state D, false declaration of the unit price to USD 60) and the list of crimes listed in the attached Table.

2. From that time, from that time to the 27th day of the same month, from that time, the amount of KRW 166 of the virtual currency extraction machine and the market value of KRW 415,565,000 were imported, and the taxpayer and the price were falsely reported.

2) On December 8, 2017, the Defendant imported from China a bitco-pier (BITCOIN MINER 15) for virtual currency mining machines, and the actual price is USD 1,415 per unit.

참조조문