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(영문) 부산지방법원 2017.05.25 2015고단2681
관세법위반등
Text

Defendant shall be punished by imprisonment with prison labor for a year and a fine of KRW 94.5 million.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who vicariously carries out transportation at the request of a company that exports clothes to Japan while operating the E in Seoul Jung-gu.

1. Violation of the Customs Act;

A. In order to export smuggling exported goods, the Defendant reported to the head of the customs office the name, standard, quantity, and price of the goods in question, and other matters prescribed by Presidential Decree, but the Defendant, such as (i)F, etc. exporters including G (GuH), intermediate transport companies including G (GuH), I, etc., and (ii) had been aware that Japan, who requested the Defendant to export goods on behalf of the Defendant, did not file an export report in order to avoid exposure to the source when requesting the Defendant to transport the goods on behalf of him

On May 23, 2010, the Defendant received a request from K for re-transporting 628 points (16,563,460 won) of clothing 628 points (16,563,460 won) from K without filing an export declaration, which the Defendant voluntarily exported via the Busan Port through the Busan Port, using a certificate of export declaration issued under the name of the Defendant’s export declaration, and the list of offenses in violation of the Customs Act (defluence; hereinafter the same shall apply) (i.e., the list of offenses (defluence). From May 23, 2010 to September 25, 2013, the Defendant filed an export declaration at least 3,501,614 points (i.e., clothing) such as F (H), an intermediate transport enterprise such as G (former H), and an article export declaration at least 3,501,614 points (i.e., KRW 375,375,56).

B. In order to export false-reported goods, the Defendant filed a false declaration with the head of the customs office on July 4, 2013 on the name, standard, quantity, and price of the goods in question and other matters prescribed by Presidential Decree, but the Defendant filed a false declaration on July 4, 2013 to the head of the customs office. However, the Defendant filed a false declaration on the export declaration number of TRS 305 points (1,671,661 won) that G re-transported to the Defendant with the export declaration number M., and filed a false declaration on the export declaration number E, 351,672 won.

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