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(영문) 광주지방법원 2013.05.29 2013노111

관세법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the amount remitted by the defendant to the exporter is related to the goods imported by the defendant, and it cannot be deemed that the amount of investment by the defendant is included in the defendant. In full view of all the evidence, including the I's legal statement in the original court, the court below erred by misapprehending the fact that the defendant intentionally reported the dutiable value of the imported goods and could sufficiently recognize the facts charged that the defendant evaded customs duties

2. The summary of the facts charged is those who import and sell domestically-made MaTV, Gall-rain Ba and the deaf machinery with the trade name of the Hampon E.

If a person intends to export, import or return goods, he/she shall report to the head of a customs office the name, quantity, quantity, price, etc. of the relevant goods, and shall not make a false declaration of their dutiable value

A. A. On July 1, 2008, the Defendant, while importing 150cc 39 from the Incheon Customs, filed a false declaration of dutiable value of KRW 48,866,220 (unit price of USD 1,200, USD 1,252,98) with the actual price of KRW 21,175,362 (unit price of USD 520, KRW 542,958), and evaded customs duties of KRW 2,215,260 from that time to January 19, 2012, including a false declaration of dutiable value of KRW 27,690,858 (unit price of USD 52,958).

B. From December 9, 2010 to January 19, 2012, the Defendant filed a false declaration of dutiable value of KRW 50,895,487 (unit price of KRW 1,500,000) (unit price of KRW 1,500,00) with the actual price of KRW 50,895,487 (unit price of KRW 1,082,883) while importing more than 47 agricultural organizations in Korea, and evaded customs duties of KRW 1,568,360 (unit price of KRW 1,568,360) with the difference of KRW 19,60 (unit price of KRW 1,604,537,740) over ten times in total, as indicated in the attached list of crimes (2) of the lower judgment from around that time to January 19, 2012

3. Determination.