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(영문) 서울동부지방법원 2015.11.19 2015고단2873
관세법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the operator of the wholesale and retail chain in Gangdong-gu Seoul Metropolitan Government, B and 1202.

The Defendant, while importing clothes, intended to evade customs duties equivalent to the difference by submitting seals with less than actual prices to the customs office and reporting at a low price.

On January 14, 2011, the Defendant: (a) filed an import declaration with the customs office of the Incheon Airport on 13,600 U.S. dollars 13,60; (b) filed an import declaration with the customs office of the Incheon Airport; and (c) subsequently, the Defendant evaded customs duties of USD 1,67,960 equivalent to USD 11,350 (=11,350 x exchange rate 1,137.22 x rate 0.13 x rate of duty).

The Defendant, from January 7, 2015 to January 7, 2015, imported uniform goods for about 54 times in total, as indicated in the attached list of crimes, filed a lower report on USD 434,061 and evaded customs duties of KRW 62,042,830.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to an accusation, a survey report, a corporate inquiry, a corporation inquiry, a statement of revenue, a copy of each import declaration, a copy of each application for remittance, a copy of each foreign currency evidentiary document, and a copy of each evidentiary document

1. Article 270 (1) 1 of the Customs Act and Article 241 (1) of the same Act applicable to the crimes and the selection of punishment;

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

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration, such as the fact that the tax amount evaded has been paid in full, such as primary crimes, reflective crimes, and evaded customs

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