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(영문) 창원지방법원 마산지원 2019.07.09 2019고정41
관세법위반
Text

Defendants shall be punished by a fine of KRW 9.3 million.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

No person who has filed an import declaration shall import declaration without meeting requirements for permission, approval, recommendations, certification or other conditions necessary for import pursuant to Acts and subordinate statutes or import declaration by meeting such requirements

In addition, where a person who has imported sex timber intends to clear it, he/she shall undergo an inspection of standard and quality in advance from the Korea Forestry Promotion Institute, etc.

Defendant

A is a person who operates a stock company B in Masan-si, Masan-si, Changwon-si.

1. A around July 28, 2014, Defendant A imported Chinese sex timber of KRW 25,990 kilograms ( KRW 24,253,660, market price of KRW 36,526,596) in Korea, which was not subject to the inspection of standard and quality by the Korea Forestry Promotion Institute, etc., without undergoing an import declaration (reported number D) from the Republic of Korea until April 27, 2018. In addition, Defendant A imported Chinese sex timber of KRW 1,637,970 kilograms ( KRW 1,391,23,855, KRW 2,067,212,266) in total until April 27, 2018 without undergoing the inspection of standard and quality.

2. Defendant B, a representative of the Defendant, committed the act of violating the Customs Act in relation to the Defendant’s business at the time and place specified in the above paragraph (1).

Summary of Evidence

1. Defendant A’s legal statement

1. An investigation report (six times, a corrective report of the list of offenses), and a list of offenses committed in violation of the Customs Duties Act (illegal import);

1. Total of 62 cases of an import declaration;

1. A written appraisal of illegal goods;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Defendant A of the pertinent legal provision concerning criminal facts: Articles 270 (2) and 241 (1) of the Customs Act; Articles 279 (1), 270 (2), and 241 (1) of the Customs Act;

1. Of concurrent crimes, the former part of Article 37 of the Criminal Act and Article 278 of the Customs Act (Article 38(1)2 of the Criminal Act does not apply to the restriction on aggravation of fines for concurrent crimes). As such, a fine of 1.50,00 won for each offense of violating the Customs Act shall be set at 62 times in consideration of the following circumstances: 62 times x 150,000 won = 9,300,000 won).

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