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(영문) 인천지방법원 2015.04.23 2014고정4439
관세법위반
Text

Defendant shall be punished by a fine of KRW 6,168,00.

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

Reasons

Punishment of the crime

The defendant is a person who has overall control over the business of the company as an actual operator of C.

The name, standard, quantity and price of the relevant goods and other matters prescribed by Presidential Decree shall be reported to the head of the relevant customs office.

Provided, That with respect to personal effects, consignments or unaccompanied goods, etc., the above declaration may be omitted or a declaration may be filed in a simplified manner prescribed by the Commissioner of the Korea Customs Service under the conditions as prescribed by the Presidential Decree, and with respect to goods used by a person whose amount is not more than 100 U.S. dollars as consignments,

The Defendant: (a) purchased the pertinent goods in the shopping mall located in the U.S. and entered them in the warehouse in the U.S. after receiving a request from a domestic buyer for the purchase of goods from a domestic buyer in the Internet shopping mall (D, etc.); (b) during international transportation upon receiving a request from a domestic buyer, certain domestic buyers began to be loaded in the said warehouse because they did not request the delivery; (c) and (d) the employees of C, a corporation, who purchased the relevant goods directly for their own use or commission for the purchase of goods, did not report that they would be able to transport them by way of smuggling import or simplified declaration.

1. On May 20, 201, the Defendant imported goods equivalent to KRW 55,050,428 in total from January 15, 2011 to January 23, 2013, 201 without filing a customs list as if he/she imported goods by himself/herself as an employee of the Company C, by means of preparing a customs list as if he/she imported goods by himself/herself as an employee of the Company C, and submitting it to the head of the Incheon Airport Customs Office.

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