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(영문) 서울중앙지방법원 2017.04.13 2017고정748
관세법위반
Text

Defendants shall be punished by a fine of KRW 900,000.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

A is currently the representative director of the corporation B, who is in charge of trade and distribution affairs from June 2014.

Defendant

B is a corporation established on June 27, 2014 and currently engaged in miscellaneous and electronic commerce in Seocho-gu Seoul Metropolitan Government F.

1. Defendant A

(a) Any person who violates the Customs Act shall, when he/she intends to import goods, report the name, standard, quantity, price, etc. of the relevant goods to the head of a customs office and shall not import the relevant goods by means of a simplified customs clearance for which the import declaration is omitted;

Nevertheless, the Defendant, while importing commercial goods, did not file an import declaration with the head of the customs office for the benefit of the company. On November 11, 2015, through the Incheon Customs office, imported 100 mergium (Ram) and 5,300 US dollars (Korean Won 6,07,563), and imported them by means of customs clearance in the special invoice where the import declaration is omitted. At that time, the Defendant knowingly knew that goods are subject to the import declaration until January 21, 2016, imported 15 US$38,743 US dollars (Korean Won 45,293,700) through a simplified customs clearance method where the import declaration is omitted.

(b) Where any person intends to import goods, he/she shall file a false declaration with the head of a customs office on the name, size, quantity, price, etc. of the relevant goods and shall not file a false declaration;

On November 30, 2015, the Defendant filed an import declaration of 900 Uncedia 18,291 (Korean Won 21,279,384 won) via the Incheon Customs Office, and filed a false declaration of the actual price of the goods to US$ 900 (Korean Won 1,047,042 won) from that time, and from that time, from February 4, 2016 to February 4, 2016, the Defendant filed an import declaration of 3,50 Uncedia, such as Korea, for three thousand Uncedia.

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