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(영문) 부산지방법원 2015.06.24 2014고단1702
관세법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative of C, who is a company that imports and sells the mixing days in Kim Sea-si B.

On November 6, 2009, the Defendant: (a) imported 21,000 square meters from China’s FOSHHN TAM BUINS NAE COMDCO; (b) reported to Busan customs office that it would have been imported as US$ 24,150; (c) reported that it would have evaded customs duties of USD 21,420 (Korean US$ 25,723,704) from USD 21,420 (Korean US$ 25,723,70); (d) reported that it would have evaded customs duties of USD 5,023,837 from around that time to October 23, 2013; and (e) reported the difference of US$ 2,023,300 from China over 123 times in total as indicated in the attached list of crimes; and (e) reported the difference of US$ 25,309,7848,7948,97.78486).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written accusation;

1. Application of Acts and subordinate statutes to the suspected company's consolidated information system, the Korea Customs Service, the Korea Customs Service, the details of suspected companies' import, the remittance details of suspected companies, the information inquiry of suspected companies, the e-mail-related companies' e-mail-related companies' unit prices, seizure records, pressure certificates1 through 15, investigation and report, C business registration certificates, C import records, C import records, C import and actual unit prices of C company A imported goods, D immigration records, E entry and departure details, and the payment details of the difference amount;

1. Relevant Article 270 (1) 1 of the Act on the Punishment of Criminal Crimes and Articles 270 (1) and 241 (1) of the elective Customs Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1)(i) of the Criminal Act is that customs duties, which have been evaded over a long-term period, is very poor for the defendant to commit the instant crime. However, the motive for committing the instant crime is to ensure the price competitiveness of the partial goods.

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