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(영문) 의정부지방법원 고양지원 2016.10.27 2016고단1139
관세법위반
Text

Defendants shall be punished by a fine of KRW 19,500,000.

Defendant

If A does not pay the above fine, 100.

Reasons

Punishment of the crime

1. Where a person intends to export, import or return goods, he/she shall report to the head of a customs office the name, standard, quantity, and price of the relevant goods, the kind, number and number of packages, the destination, place of origin and place of shipment, the trade name (in cases of an individual, referring to the name in cases of an individual), the trade name, method and form of labeling, trademark, the person liable for duty payment or the owner of goods subject to labeling, trade name (in cases of an individual), the business registration number, customs clearance code, the overseas supplier code

Nevertheless, on September 2012, at the main office of the Defendant’s operation (main office) in Gyeyang-gu, Goyang-gu, Yangyang-gu, the Defendant agreed to the effect that “In order to operate a business importing and selling otobane, the Defendant would not meet the requirements of an importer. If the Defendant would compel the Defendant to file an import declaration in the name of B (main office) operated by the Party, the Defendant would pay 1% of the amount of obane to the Party at commission.” The Defendant was willing to file a false import declaration in a way that different the holder of the import declaration of the goods from the person who is actually liable for tax payment.

On October 4, 2012, the Defendant: (a) imported Obane from the Busan Central Customs Office located in the Busan Central District Office 4 A. 17, G on October 4, 2012; (b) as the taxpayer was the taxpayer, the Defendant entered the trade name of the taxpayer in the import declaration document as “B (State)” and the business registration number as “H” in B (State) and submitted the registration number to the head of the said Busan Customs Office; and (c) filed a false declaration on the reported matters by importing goods worth KRW 1,520,479,420 in total on 39 occasions from that time to April 20, 2015, as described in the attached list of crimes.

2.A, as described in paragraph 1, whose representative is the B (State) defendant, costs shall be incurred in 39 times in total.

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