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(영문) 서울중앙지방법원 2016.10.06 2016고정1100
관세법위반등
Text

Defendant shall be punished by a fine of KRW 15,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who resides in Seongbuk-gu Seoul and 102 and operates an E company for manufacturing and exporting clothes.

When it is intended to export, import or return goods, the name, standard, quantity and price of the relevant goods and other matters prescribed by Presidential Decree shall be reported to the head of a customs office and such declaration shall not be filed or filed falsely.

Nevertheless, the Defendant, while operating the above E company, exported clothing, including the name, standard, etc., to Japan, from the time when the name and standard was falsely reported, and submitted a false report to the head of the customs office on the name, standard, quantity, and price of the relevant goods, and other matters prescribed by Presidential Decree, which are equivalent to 104,024 points (Korean Won 392,404,668 won) for 85 times until September 1, 2013, as shown in the list of crimes in the attached Table of the crime committed by the Defendant, through F company (representative G).

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report (a copy related to selection of a business entity subject to investigation, details of registration of performance of shipment and comparison of actual details of shipment);

1. The details of the claim for the H Trade Freight on January 5, 2013, the details of transportation by I trade, the facts of suspicion of smuggling export (H trade, E companies), the export performance (H trade, the export performance), the details of other orders, the details of H trade shipment in 2013, the abstract copies of the I Trade Freight (cargo claim) and the details of the export declaration on January 5, 2013, the details of the B/L number J and the details of the export declaration, the details of the B/L number K and the provisions of the law applicable to the export declaration.

1. Article 276 (2) 4 of the Customs Act and Article 241 (1) of the same Act applicable to the crimes and the selection of punishment, respectively;

1. Of concurrent crimes, the former part of Article 37 of the Criminal Act and Article 278 of the Customs Act (Article 38 (1) 2 of the Criminal Act shall not apply);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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