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(영문) 서울중앙지방법원 2015.07.09 2015고정1843

관세법위반

Text

Defendant shall be punished by a fine of KRW 3,240,00.

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

Reasons

Punishment of the crime

The defendant, when the total dutiable value of imported goods is not more than 150,000 won and goods are recognized as goods for self-use, he was willing to exempt customs duties by importing domestic sales goods from customs duties in the United States using the fact of exemption from customs duties in order to disguise that goods are personally used by other persons to the head of the competent customs office.

On April 24, 2010, the Defendant was exempted from customs duties of KRW 22,084,331 in total amount of KRW 216,00,00, as indicated in the attached Table of Crimes, by falsely filing a declaration as if he/she was a person B, who was importing six parts of the NAV for domestic sale of goods for personal use in the United States at the Incheon Airport Customs Office located in Jung-gu, Incheon, Jung-gu, Incheon, by pretending that he/she was a goods for personal use.

Summary of Evidence

1. Defendant's legal statement;

1. Details of the discovered goods, and photographs and outputs of the 15 ballot papers;

1. An import declaration certificate (216 cases) issued by the import declaration applicant with 15 copies and 15 copies;

1. A written accusation;

1. Application of Acts and subordinate statutes to written appraisal;

1. Relevant Article 270 (4) of the Customs Act concerning facts constituting an offense and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37 of the Criminal Act (the former part of Article 38 (1) 2 of the Criminal Act shall not apply pursuant to Article 278 of the Customs Act, and the amount of fines shall be calculated separately for each act and sentenced to a fine in the amount

1. A fine of KRW 3,240,000 = A fine of KRW 15,00 determined for each year listed in the annexed list of crimes x 216 times, taking into account the principle of prohibition of disadvantageous changes provided for in Article 457-2 of the Criminal Procedure Act and the statutory punishment of fines provided for in Article 270(4) of the Customs Act, etc., a fine shall be imposed every year listed in the annexed list of crimes.