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(영문) 인천지방법원 2014.07.03 2014고단2908 (1)

관세법위반

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months and a fine not exceeding twenty million won.

In the event that each of the above penalties is not paid.

Reasons

Punishment of the crime

The Defendant is a person operating a Chinese agricultural product import brokerage business, D is a person operating the “E” as a kimchi import and sale business chain, and F is a representative of “G” as a kimchi import and sale business chain.

Where any person intends to import goods, the name, standard, etc. of the relevant goods shall be reported to the head of a customhouse, and such goods shall not be imported as are different from those on which an import declaration is filed.

Nevertheless, F imported kimchi through the introduction of agricultural products, such as the ancient trends in China, and H, China, China, a broker for the export of kimchi, but failed to gain particular profits, F conspired to import the Chinese construction of China in the name of "E" with Defendant D, and H in order to make a disguised import as if it were a kimchi.

Accordingly, F establishes a general plan for the dry and dry smuggling import, D lends F to F the name of "E" it operates as an importer of kimchi, D transfers foreign currency from F to F as if he/she transfers the Kimchi price after obtaining US$ 12,420 as an advance payment for kimchi price, H purchases and packages the amount equivalent to US$ 24,800 (Korean US$ 90,000) for 24,000 (Korean Won 90,000 won) in the Chinese Cheongdo designated by the Defendant on January 20, 2014, and the Defendant sent it to F with an ICO, LTD, which was issued by the Chinese quarantine agency and shipping documents, such as a sanitary certificate issued by the Chinese customs broker and BL/L to disguise as if he/she was a kimchi scraped on January 21, 2014.

On January 22, 2014, the Defendant, along with D and F, submitted a false cargo manifest to import 24,960 kilograms of Korean kimchi at the Incheon Customs Office after concealing the 24 tons market value of 252,00,000 tons in the container (HDFU722020,020), which is a cargo vessel entering the Incheon Port after departing from the Chinese Port and departing from the Chinese Port and entering the Incheon Port.