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(영문) 부산지방법원 2014.05.23 2014고정495
관세법위반
Text

Defendant shall be punished by a fine of KRW 60,000,000.

When the defendant does not pay the above fine, 300,000 won.

Reasons

Punishment of the crime

The Defendant operated a foreign currency import and sale enterprise of “C” in Seogugu, Seo-gu.

On October 30, 2008, the Defendant: (a) imported Chinese clothing 6,827 points from CHNGHHU HTPP SHD company as D on October 30, 2008, the Defendant evaded customs duties of USD 5,437 for USD 5,65,260 for USD 5,437; and (b) imported Chinese clothing 470,693 for 48 times in total as indicated in the separate crime list, and then evaded customs duties of USD 5,739 for USD 5,739 (the difference between the actual market price and the import declaration amount, KRW 594,280,108, KRW 967,82,938, KRW 2939).

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report;

1. Records of seizure and the list of seizure;

1. Investigation report (voluntary payment of insufficient tax, etc.);

1. Application of Acts and subordinate statutes to written appraisal;

1. Article 270(1)1 and Article 241(1) of the former Customs Act (amended by Act No. 10424, Dec. 30, 201; hereinafter “former Customs Act”) applicable to the act of filing an import declaration prior to January 1, 201; the selection of fines for the crime; the selection of fines for negligence

1. 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); Article 278 of the former Customs Act (Amended by Act No. 10424, Dec. 30, 2010); Article 278 of the Customs Act (Article 38(1)2 of the Criminal Act does not apply, but Article 38(1)2 of the Criminal Act does not apply, and the amount of fine shall be calculated separately for each violation of the Customs Act and added up it)

1. Punishment of a fine of 1,500,000 won per annum for offenses listed in No. 17 of the List of Offenses annexed to the Determination of Punishment, and fine of 1,250,000 won per annum for offenses listed in No. 18, and fine of 1,250,000 won for the remainder of each offense, and fine of 60,000,000 won for the remainder of each offense (=1,50,000 won for 1,00,000 won for x 46) for each offense);

1. Articles 70 and 69(2)1 of the Criminal Act for the detention of a workhouse;

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