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(영문) 서울중앙지방법원 2017.02.09 2016고단8769
관세법위반
Text

A defendant shall be punished by imprisonment for six months and by a fine of ten thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who operates a facility that imports and sells flowers with the trade name of “C” in Seocho-gu Seoul Metropolitan Government building 102.

No person shall file a false return on a dutiable value, etc. in order to affect the determination of the amount of duty.

Nevertheless, on April 16, 2013, the Defendant evaded customs duties of USD 2,453.85 ($ 2,810,345) in the customs office of the Incheon Airport located in Jung-gu, Incheon, China, by reducing customs duties of USD 702,580 ($ 2,810,345), as stated in the attached list of crimes, by reducing customs duties of USD 59,910,906 in total over 137 times from May 27, 2015, by reducing the import price of USD 137,59,906, as stated in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Details of import declarations, details of overseas transfers, and application of statutes of written appraisal;

1. Relevant Article of the Act and Articles 270 (1) 1, 241 (1), and 275 (Concurrent Imposition of Customs Duties, Imprisonment with labor, and fines) of the Act on the Punishment of Specific Crimes;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds of sentencing as follows);

1. The amount of customs duties evaded by the defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “the Criminal Procedure Act”) by means of reporting the reduction of import price between two years, shall not be reduced as KRW 140 million in total;

Criminal defendant's crime is to damage domestic distribution order of imported goods and reduce national tax revenue, and it is necessary to regulate corresponding to the illegal act.

Defendant has been punished by foreign exchange management, etc. in the past.

In light of these circumstances, the defendant's person.

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