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(영문) 인천지방법원 2016.05.20 2016고정566
관세법위반
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who actually operates C, a company that imports processed clothing from China in Seongdong-gu Seoul.

Any person who imports goods from a foreign country and files an import declaration thereon shall not file a false declaration on the dutiable value, tariff rate, etc. in order to affect the determination of the amount of duty

Nevertheless, on November 10, 2014, the Defendant reported at low price by omitting KRW 7,637,133 of the original unit price of the clothing, such as teitts for men, at the Incheon Customs Office, and at the same time, omitted KRW 416,372,320 of the original unit price of the clothing imported by the above method, and subsequently evaded customs duties from January 14, 2015, until January 14, 2015, the Defendant returned at low price by omitting KRW 416,372,320 of the original unit price of the clothing imported by the above method as stated in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Each investigation report;

1. Application of Acts and subordinate statutes governing sight of the cost group and the unit cost group;

1. Article 270 (1) 1 and Article 241 (1) of the Customs Act and the selection of fines for criminal facts, each of which is applicable to the applicable law and the selection of punishment;

1. Article 37 of the Criminal Act, Article 278 of the Customs Act (not subject to Article 38 (1) 2 of the Criminal Act, but subject to Article 38 (1) 2 of the Criminal Act, the fine shall be prescribed and added up for each act);

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

1. Circumstances favorable to the sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment: there exists no record that the defendant has been punished for the same kind of crime, and there is some part to be considered for the circumstances of the crime;

regarded as such.

At present, it is argued that the amount of the customs duties evaded was paid in a reasonable amount, and that the amount of the unpaid customs duties would be paid in good faith in installments.

The crime of this case is committed at a disadvantage: the imposition and collection of customs duties and customs clearance for imported and exported goods shall be appropriate, and customs duties shall be imported.

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