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(영문) 부산지방법원 2014.09.04 2014고단286

관세법위반

Text

Defendant shall be punished by a fine of KRW 30,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates “D” with export business, wholesale business, etc. as its main business.

When the name, standard, quantity and price of the relevant goods and other matters prescribed by Presidential Decree are to be exported, imported or returned, such goods shall be reported to the head of a customs office.

On December 9, 2008, the Defendant reported the export declaration price to the head of the customs office at the request of the buyer located in Vietnam, who is a customer, to report the export declaration price to the head of the customs office at a lower level than the actual price. On December 9, 2008, the Defendant reported the export declaration number E via the Incheon Customs office that, even though the actual price of the above goods was KRW 65,70,00, a false declaration was made as if the actual price of the above goods was 5,63,736, and the price of the goods at the time of filing the export declaration was 5,63,736, and as described in the [Attachment] List of Crimes (False Declaration] Nos. 5 to 92, May 10, 2013, the Defendant exported used machinery parts, etc. over 88 times from the above date to May 10, 2013, and then excluded the actual price of the above goods from 681,607,0784,7848.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police interrogation protocol against the accused;

1. An appraisal report or a written accusation;

1. A report on investigation and a report on analysis of information on depositors in an account;

1. Copy of business registration certificate, details of transactions, export details, and deposit details;

1. Application of Acts and subordinate statutes to details of actual prices of goods, export declaration completion certificates, and seal imprint copies;

1. Article 276(1)4 of the former Customs Act (Amended by Act No. 12027, Aug. 13, 2013); Article 241(1)4 and Article 276(2)4 and Article 241(1) of the former Customs Act concerning criminal facts

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. It is so decided as per Disposition for the reasons under Articles 70(1) and 69(2) of the Criminal Act or above;