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Reasons
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(영문) 인천지방법원 2016.04.01 2016고정117
관세법위반
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Defendant shall be punished by a fine of KRW 20,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant was the person who was the representative director B of the company, which is the imported company of the processed clothes, and the company B is the corporation that runs the clothing wholesale business.

Nevertheless, the Defendant and C entered into an export and import customs clearance agency contract with D Co., Ltd., E Co., Ltd., and E Co., Ltd., and the Defendant agreed to evade customs duties by filing an import declaration of the clothing processed by B under the name of D Co., Ltd., the name of D Co., Ltd., with a lower price of the goods at the time of import declaration.

On November 3, 2011, the Defendant, in collusion with C, filed an import declaration under the name of D Co., Ltd. and filed an import declaration number of 216 points of female-use code 2,000,000 won (hereinafter “D Co., Ltd.”) processed in China with the head of Incheon customs office, and filed an import declaration under the name of D Co., Ltd. on November 3, 201. The Defendant, even though the price of the goods was KRW 5,434,102, the actual price of the goods was lower than KRW 1,482,02,00, and evaded customs duties equivalent to KRW 3,952,075, and the difference was 513,760, as indicated in the list of crimes in the attached Table, and filed an import declaration under the name of D Co., Ltd. and filed an import declaration under the name of D Co., Ltd., for a total of 83 times from November 3, 2011 to October 2, 20.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the comparison of import declaration with actual price data and the filing of import declaration;

1. A detailed list of the evasion of customs duties;

1. Application of Acts and subordinate statutes of import declarations and evidentiary documents;

1. Article 270 (1) 1 of the Customs Act and Article 241 (1) of the same Act (excluding punishment for a violation) concerning facts constituting an offense;

1. Aggravation of concurrent crimes: the former part of Article 37 of the Criminal Act, Article 278 of the Customs Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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