beta
(영문) 서울중앙지방법원 2017.01.11 2016고정3632

관세법위반등

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a distributor of goods, etc. as the representative director of C in Songpa-gu Seoul Metropolitan Government.

1. No person who files an import declaration on a violation of the Customs Act shall file a false declaration on the dutiable value, customs duty rate, etc. in order to affect the determination of the amount of customs duties;

Nevertheless, the Defendant, through the Incheon Customs Office on December 3, 2013, imported 1,300 of the Chinese golf in Korea, and declared the price at the time of import declaration by lowering 455 U.S. dollars, thereby evading 50,138 U.S. dollars duties on the difference of 585 U.S. dollars from that time to November 4, 2014, imported 2,392 a total of 2,392 of the Korean golf parts as shown in the separate crime list, and evaded 2,956 U.S. dollars in the same way (Korean currency KRW 58,025,695 won) customs duties on the difference of 34,956 U.S. dollars by the same method.

2. No trader, trader, or distributor of goods, etc. in violation of the Acts and subordinate statutes for external trade shall commit any act impairing or changing the indication of origin of goods subject to the indication of origin;

Nevertheless, around October 16, 2015, the Defendant damaged the indication of origin by means of putting the place of origin printed into “MADEIN CHA” on 200 medium-sized golf 20 markets (import price 6,536,983 won, market price 10,278,275 won) imported through the Incheon Customs Office in the office of the said Co., Ltd. by the Incheon Customs Office.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on investigation (to visit and investigate business places);

1. Imported inspection photographs and G-spath photographs;

1. An application for remittance/payment of foreign currency of a corporate bank;

1. Import declaration number H-related import declaration, B/L, application for payment, and actual personal watch;

1. Import declaration number: D-related import declaration, application form for payment, and virtual seal;

1. Import declaration number, low-price, and sale books extracted from import declaration number I;

1. Import declaration on J-related import;

참조조문