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(영문) 서울중앙지방법원 2017.07.06 2017고단3087
관세법위반
Text

Defendant

A shall be punished by a fine of KRW 7,000,000,000,00,000, or more of eight months of imprisonment.

However, against Defendant A.

Reasons

Punishment of the crime

Any person who intends to export goods shall report to the head of a customs office the name, standard, quantity and price of the relevant goods, and other matters prescribed by Presidential Decree.

1. The Defendant, as the representative of the Co., Ltd., Ltd., which is a cosmetics exporter, committed an attempt to export Korean cosmetics to China by dividing packaging boxes and sending them to many foreigners using an international express invoice from ems post offices, as if they sent a small amount of money or futures sheet.

On January 6, 2015, the Defendant did not file an export declaration with the head of the customs office, and around January 6, 2015, the Defendant exported to China 23,352 cosmetics worth KRW 1,029,353,90, total market value of 10,031,50, including 230,000, the total market value of 10,031,50, including 10,000 from the time when the 22th of March 2016, all of the 156, including 1,029,353,90, a cosmetic 23,50,000, in total, to China without filing an export declaration with the head of the customs office.

2. Defendant B, as an enterprise exporting cosmetics, etc. from abroad, the Defendant, as described in paragraph (1) above, committed the above violation.

Summary of Evidence

1. Defendant A’s legal statement

1. A protocol concerning suspect interrogation of the defendant A by the prosecution;

1. Statement made by a special judicial police officer with respect to F;

1. Police seizure records;

1. Details of purchase of duty-free shops and copies of the detailed statement of export of cosmetics;

1. Each investigation report (the omission by the defendant);

On the details of customs clearance, as to the contents of Defendant’s smuggling No. 3, the preparation of a list of crimes, the addition of criminal facts, and the revision of a list of crimes)

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 269(3)1 and Article 241(1)(2)2 of the Customs Act: Defendant B Co., Ltd.: Articles 279(1), 269(3)1 and 241(3)1 of the Customs Act.

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