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(영문) 인천지방법원 2014.04.18 2014고정679

관세법위반

Text

Defendant shall be punished by a fine of KRW 20,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant, while operating C Colorphone club and C Colorphone A in Sil interest City B, imported and sold a serious colorphone from the United States with the trade name called C.

No dutiable value shall be reported falsely in order to affect the determination of the amount of tax.

The Defendant had the intent to evade customs duties corresponding to the difference by importing high-priced high-priced cells, such as marks produced from French accelerators, which are operated in the U.S., and filing a declaration at a price lower than the actual purchase price.

On June 8, 2011, the Defendant filed an import declaration with the head of the Incheon International Airport Postal Office on one of the Blue Blue Macro Macro chlophones purchased at the Elue site, and filed a declaration as if the actual purchase price of the goods was purchased at US$ 7,600, and subsequently cleared customs duties equivalent to US$ 4,800 on the same day with the acceptance of the declaration, thereby evading customs duties equivalent to US$ 418,460.

From around that time to October 29, 2013, the Defendant evaded customs duties equivalent to US$398,986.05 (limited to US$ 449,681,303) by the same method, while importing 85 luculon over a total of 82 times, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written accusation;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to an intelligence analysis report;

1. Relevant Article 270 (1) 1 and Article 241 (1) of the Customs Act and the choice of fines for a crime;

1. Of concurrent crimes, the former part of Article 37 of the Criminal Act and Article 278 of the Customs Act (the provisions of Article 38 (1) 2 of the Criminal Act concerning restricted aggravation of concurrence of fines shall not apply and the amount of fines shall be separately set for each of the following crimes):

1. Crimes Nos. 1 through 82 in each of the crimes table in the judgment of sentence: the sum of 2,50,000 won in each of 2.5 million won.