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(영문) 수원지방법원 2016.01.06 2015고단4125
관세법위반
Text

[Defendant A] Defendant A shall be punished by imprisonment with prison labor for one year and by a fine of three million won.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A is a person who had been actually operating corporation E from around March 2013 to around December 2014, the interest of the representative director of corporation D in Pyeongtaek-si J.

Defendant

D Co., Ltd. is a company established around October 25, 201 for the purpose of trading and wholesale and retail business of agricultural, fishery and fishery products by taking the above place as its head office as the location of its head office.

Defendant

On April 1, 2010, E is a company's interest-based warehouse that was established for the purpose of trade business by making the above place as the location of the main office of the company (the type of a patented bonded area which the customs collector grants a license upon application by a civilian among facilities for profit-making purposes).

Defendant

B is the representative director of K, who actually manages the warehouse E, and the defendant A's customs clearance as an agent.

Defendant

C is the agent of the above K Co., Ltd. and the defendant A's customs clearance.

1. As to the Defendant A’s sole criminal act (an unreported import) (an unreported import) committed on January 29, 2015, the prosecution was dismissed following the cancellation of the public prosecutor’s prosecution on January 6, 2016 regarding the violation of each Customs Act as to the number 28 to 31 times the year of each crime listed in the annexed Table 1 among the charges charged in this part, the criminal facts are organized and recognized as follows:

Any person who intends to import goods shall file a report thereon with the head of a customs office on the name, standard, quantity, price, etc. of the relevant goods.

Nevertheless, on January 29, 2015, the Defendant brought in to the bonded warehouse E, Inc., Ltd. on or around December 3, 2013 and moved to the truck using the truck without filing an import declaration at the customs office of 58,594 won (market price of 94,965 won) equivalent to the cost of the goods brought into the air for customs clearance at KRW 58,594 (market price of 94,965 won) and brought the truck without permission by moving it to the truck without permission, and the attached Table 1 (excluding the foregoing 28 through 31 items, total volume of “1,251,980 kilograms” shall be “1,202,460 kilograms”, and the sum of the cost of the goods in violation shall be “1,634,021,393 won,” and the aggregate of the market price.

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