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(영문) 인천지방법원 2017.03.31 2017고정270

관세법위반

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who sells communication to the Internet NAB.

If a person intends to import goods, he/she shall not obtain permission, recommendation, certification, or other conditions necessary for import in accordance with statutes, or import goods by improper means, and shall not obtain reduction or exemption of customs duties by improper means.

Nevertheless, on May 12, 2014, the suspect imported 6 points, which are equivalent to US dollars 84 US dollars by importing them from May 12, 2014, after filing a false declaration as if they were self-used goods, imported them unlawfully by being exempted from the requirements under the Act on Prevention of Contagious Diseases and the Sanitary Control of Livestock Products Act, which are necessary at the time of import. From that point of time, the suspect was unlawfully exempted from customs duties 31,340 won, which are to be imposed on the goods. From that point of time, the suspect was 1,234 times in total until June 24, 2015 by filing a false declaration as if he was a goods for consumption, and received the reduction of or exemption from customs duties 40,368,270 won (cost 12,131,238,2318,2319) which are to be imposed on the goods without meeting the requirements for import at the time of import.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation from the Incheon Customs Office;

1. The application of customs clearance details and the statutes governing the sales of NA carpets;

1. Relevant Article 270(2), Article 241(1) (including the occupation of an illegal revenue) of the Customs Act, Article 270(4) of the Customs Act (including the occupation of an illegal reduction and exemption), and the selection of each fine for a crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the aggregate of the amounts of each crime is aggregated);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;