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(영문) 서울북부지방법원 2017.01.12 2015고정782
관세법위반
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is operating a three-party trading company to import and sell clothing in China.

In order to affect the determination of the amount of customs duties when filing an import declaration under the Customs Act, the Defendant shall not import goods without filing a false report or filing a false report on the amount of customs duties or rate of customs duties, etc. in order to lower the dutiable value while importing the goods in China, the Defendant purchased 200 clothes from D companies located in China to import declaration on October 18, 2010 and import the goods into Korea on October 19, 2010 after filing an import declaration with the Incheon Customs Office on the 19th day of the same month. In addition, the Defendant evaded customs duties 293,460 equivalent to 60 U.S. dollars by filing a false declaration on the price of the goods in question with the customs office on the 70 U.S. dollars but the actual price of the goods in question was 293,460 U.S. dollars and the Defendant filed a false declaration on the amount of customs duties or rate of customs duties, etc. from October 19, 2010 to May 23, 2017.

Summary of Evidence

1. The defendant's legal statement (as at the 12th public trial date);

1. Each legal statement of witness F, G and H;

1. Overall control of Busan Customs Office and a copy of the official document referring criminal information, C Import Performance, C Export Performance, C Foreign Currency Transfer Details, C Credit Settlement Details, C Foreign Currency Receipt Details, C Foreign Currency Receipt Details;

1. Police seizure records and list of seizure;

1. A list of data acquisition reports and import declarations;

1. A written appraisal;

1. A written accusation;

1. Application of Acts and subordinate statutes to the list of seizure and copies of seized 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. Article 37 of the Aggravation of Concurrent Crimes Act, Article 278 of the Customs Act (Article 278 of the Customs Act) shall be sentenced to a fine for each violation of the Customs Act as stated in the holding.

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