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(영문) 부산지방법원 2013.04.12 2013고정200
관세법위반
Text

Defendant shall be punished by a fine of 6,900,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who imports and sells various tools, such as the presses for domestic painting, etc., in the business name in Gyeyang-gu Seoul Special Metropolitan City, Seojin-gu B.

If foreign goods are to be imported, the description, specification, quantity, value, and value of the relevant imported goods shall not be reported to the head of the relevant customs office, and the dutiable value, tariff rate, etc.

Nevertheless, the Defendant, with the intention of paying less customs duties, reduced the import price and decided to file an import declaration with customs office.

On May 23, 2008, the Defendant evaded customs duties of KRW 151,720 on the difference between US$1,796 and that of KRW 140,28,790 by filing a false declaration at a low price as if the actual price of the goods was US$ 14,171, but the actual price of the goods was US$12,375, while importing KRW 25,100 from China's "C" from the Chinese exporter on May 23, 2008, as shown in the attached list of crimes evading customs duties, and then, the Defendant evaded the customs duties of KRW 13,280,790 on the difference between the actual market price of the goods and the import declaration on May 10, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. [No. 1] 14 copies of the actual invoice, 40 copies of the import declaration, and one copy of the actual price and the details of low-end return, such as a double-domestic frame, one copy of the remittance by a person A (foreigner) and the application of Acts and subordinate statutes;

1. Relevant Article 270 (1) 1 and Article 241 (1) of the Customs Act and the choice of fines for a crime;

1. Of concurrent crimes, the provisions of the former part of Article 37 of the Criminal Act, Article 278(1) of the former Customs Act (amended by Act No. 9910, Jan. 1, 2010) and Article 278 of the Customs Act do not apply to the provisions of Article 38(1)2 of the Criminal Act, and the determination of each fine for each of the crimes in the following holding.

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