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(영문) 서울중앙지방법원 2014.10.22 2014고단6433
관세법위반
Text

Defendant

A Imprisonment for one year, and Defendant B shall be punished by a fine of 30,000,000 won, respectively.

Reasons

Punishment of the crime

Defendant

A is the representative director of (B) who operates a wholesale business of building materials imported and sold by importing the second day of China, and the defendant B is a corporation that runs the wholesale business of building materials.

1. If a person intends to import goods of Defendant A, he/she shall not file a false declaration on the dutiable value, tariff rate, etc. in order to affect the determination of the amount of customs duties when he/she files a declaration on the name, standard, quantity and price of the relevant

Nevertheless, the Defendant knew that the date of double-domestic household materials is differently applied to anti-dumping duties according to the manufacturer, and thought that he reported it as a false manufacturer who is not an actual manufacturer and applied anti-dumping duties to the anti-dumping rule (16.07%) rather than anti-dumping rule (16.26%).

Accordingly, around April 3, 2013, the Defendant: (a) imported (reported number: D) 4,200 square meters in the name of “(Porcein Twits Co., Ltd”; (b) from the above date to April 29, 2014; (c) imported 4,035,670 square meters in the name of (Porcein Twits Co.); (d) if the Defendant actually reported it to the said producer, 16.07% shall apply; but (d) in order to apply low-rate rates, the Defendant reported the producer to Fosan Gomling Y YE Co., Ltd.; and (d) imported 4,035,670 won from the above date to April 29, 2014; and (d) imported 16 times in the name of (B) and in the name of the said producer; and (e) imported 16 weeks from the above date to April 29, 2014 to KRW 306,29529,2500.25 local and 295.295.25.25.25.20

2. Defendant (State) The Defendant, a representative director of the Defendant, imported the amount of KRW 290,666,050,050, totaling KRW 1,564,681 square meters per day of domestic double-sea materials and KRW 2,232,280,049 on a total of 152 occasions, as indicated in the List of Crimes (2) by Defendant A, a representative director of the Defendant, and evaded the Defendant’s duties.

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