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(영문) 인천지방법원 2015.07.24 2015고단3435
관세법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months, by a fine of twenty thousand won,00,000 won.

However, the defendant A.

Reasons

Punishment of the crime

1. Defendant A is the representative of the Co., Ltd., who imports and sells agricultural products in China.

No person shall import any dutiable value, tariff rate, etc. without filing a false report or filing a false report in order to affect the determination of the amount of duty.

Nevertheless, the Defendant filed an import declaration on September 16, 2013 on the Chinese SHN DAO AG AI DUTRUTCO and LTD’s used domestic life from China to the head of Incheon Customs Office in the name of the Import Declaration D, Inc., with the aim of gathering damages due to the death of the dead goods and the sales of the goods. On September 16, 2013, when the Defendant filed an import declaration on the Chinese life from China SHN DES AG AI DUTRUTCO and LTD to the Import Declaration D, the Defendant filed an import declaration on the Chinese life from China to the Import Declaration D, and the actual import price per kilogram per death.

1. Although 55 U.S. dollars, a false report was filed with 0.7 U.S. dollars and a life was filed with the lower amount of KRW 9,241,942, the amount of KRW 1,848,38, which would be imposed on the Plaintiff, and the customs duty was evaded at KRW 45,425,851, which would be imposed on the Plaintiff, by the same method until June 9, 2014 in the same way as indicated in the separate list of crimes in the separate sheet.

2. Defendant B, at the time and place specified in the preceding paragraph, committed the above violation against Defendant A, who is the representative director of the Defendant.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to the results of B imports, B remittances, B remittances, and written appraisal;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 270(1)1 and 241(1) of the Customs Act and choice of imprisonment

(b) Defendant B: Articles 279(1), 270(1)1, and 241(1) of the Customs Act

1. Aggravation for concurrent crimes;

(a) Defendant A: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

B. Defendant B: the former part of Article 37 of the Criminal Act.

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