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(영문) 인천지방법원 2019.09.04 2019고단4328

관세법위반

Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of thirty million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

When any person imports goods from any foreign country, he/she shall report the actual transaction price of the relevant goods to the head of any customhouse and shall not make a false declaration on the dutiable value, customs duty rate, etc.

The Defendant, who operates C in Bupyeong-gu Incheon Metropolitan City, had the intention to evade customs duties by filing an import declaration at a price lower than the actual price, on the transaction price, which is the dutiable value to remain in the interest of the company in the process of importing work shields.

around June 5, 2014, the Defendant imported 288,392 goods, such as wallets and Ptotop, delivered to China from China, and filed a return of actual dutiable value of USD 44,284.88, but USD 22,142 from around that time to April 4, 2016, and subsequently, imported 49,152,932 of goods, such as wallets for work in China over a total of 107 times as shown in the separate crime list from around that time to around April 4, 2016, the Defendant evaded customs duties of USD 1,879,970 (limited to USD 2,19,407,695), which is the difference by reporting the actual transaction price of USD 3,832,012 and USD 1,952,042 (limited to USD 2,19,407,695).

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. The accusation book, the notice of omitting import declaration data, the investigation report (with respect to the remittance details and the reported unit price), the C account opened (L/C), the import declaration and the settlement details, the comparison of the import declaration and the payment settlement (L/C) with each foreign trading office, the comparison and filing number D, the import declaration completion certificate, the E-related sales contract, the E-related sales contract, the investigation report (verification of additional suspicion of evasion of customs duties), the F business file, the F business file, the details of the remittance import declaration and the statement of the remittance amount, the payment details of the F account opened, the comparison of the list of objects inconsistent with the F revenue/transfer details, the vehicle information output;

1. An investigation report (a confirmation of the remittance of the presumption of payment of the difference amount), an investigation report (a further confirmation of the omission details), an investigation report (a detailed analysis of the payment of import and goods), and an investigation report;