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(영문) 서울중앙지방법원 2013.10.07 2013고정1249
관세법위반
Text

The sentence against the accused shall be determined by a fine of KRW 4,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who runs the business of selling clothes, etc. affixed with a trademark at Abee chroporo by using Internet shopping mall, etc. from the name of "C" from the 2th floor of Sungnam-si.

Where any person intends to export, import or return goods, he/she shall accurately report to the head of a customs office the name, standard, quantity and price of the relevant goods and other matters prescribed by Presidential Decree.

The Defendant, while carrying in the above place of business as an express shipment the clothing attached with a trademark Abee chromba in the Internet home shopping, etc., was unlawfully exempted or reduced by means of distributing the name of multiple persons in order to pretend that the personal goods are exempt from customs duties, by abusing the fact that the total dutiable value does not exceed 1.50,000 won.

On September 25, 2012, the Defendant imported from the Kimpo-si on September 25, 2012 the goods equivalent to KRW 1,417, and KRW 84,114,00 ( KRW 137,216,966 at a market price) of KRW 10,93,510 in total, from that time, the Defendant was unlawfully reduced or exempted from customs duties, as he/she actually imported from the import declaration, as he/she was used by an individual under the name of E, while importing one of the following goods for sale, as he/she actually imported from the Republic of Korea: (a) the import declaration was made; and (b) the customs duties were illegally reduced or exempted until October 23, 2012, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. A document certifying the preparation of the F;

1. Three import declarations from among the COD delivery details, including "Manam area", B/L number "G", A's H account H account transactions, A entry details (connection of import declarations), A delivery details, stamp for sale and price data, A crime sight list and appraisal statement;

1. A photograph prescribed in subparagraph 1 of the voltage;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (A Visit and investigation reports), investigation reports (financial data acquisition reports);

1. Article 270 (4) of the Customs Act and Article 270 (4) of the same Act and the selection of fines for the crime;

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