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(영문) 의정부지방법원 2014.07.18 2014고단979
관세법위반
Text

Defendant

A Imprisonment of 10 months, Defendant B shall be punished by a fine of 2,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A A is a person who has been operating a new importer company of D for several years and was in arrears with customs duties of KRW 558,582,860 at the time of September 16, 2013, and Defendant B was an employee of the company operated by Defendant A.

Defendant

A while importing the new products manufactured in China under the name of D, upon having been in arrears with customs duties and having imported goods in the name of D, upon having known that the goods were seized due to the amount of taxes in arrears, and upon having requested Defendant B to do so, the Defendant A intended to establish and operate the new products as if Defendant B was established and operated.

1. A person liable to pay taxes jointly by the Defendants shall not conceal or omit his/her property or enter into a false contract for the purpose of evading a disposition on default, and no person shall assist the said person in doing so;

Defendant

At around February 2009, A, even though it was actually planned to operate the same, requested Defendant B, an employee, to establish a new importer company with the trade name of “E” and to lend its name, and then established “E” at that time after obtaining permission, and then imported a new letter equivalent to US$5,483 from China in the name of “E” on January 5, 2010, and then imported a new letter equivalent to the sum of KRW 4,006,563,373 from around that time to July 12, 2012, as shown in the attached list of crimes (I).

Accordingly, the defendant A concealed the above property for the purpose of evading the execution of the disposition on default, and the defendant B assisted the act of evading the disposition on default by lending the name of the defendant A to be able to evade the disposition on default by the above method.

2. Defendant A was importing a new domestically produced product in the above manner, and around May 13, 2010, Defendant A turned on, on an import declaration number F, the new launch of the NNA trademark from China from China, via the Incheon Customs Office.

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