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(영문) 인천지방법원 2016.08.19 2015고단7054
관세법위반
Text

Defendant

A Imprisonment of 10,00,000 won and fine of 40,000 won, Defendant B shall be punished by imprisonment of 10 months and fine of 30,00,000 won.

Reasons

Punishment of the crime

Defendant

A is a person who cultivates in China to sell in Chinese internal markets or to export to Korea, and Defendant B is a person who imports and sells nationalization from the above E with the trade name of “F”.

Any person who imports goods from a foreign country and files an import declaration thereon shall not make a false declaration on the dutiable value, tariff rate, etc. in order to affect the determination of the amount of duty

Nevertheless, the Defendants agreed to import and sell profits after Defendant A imported and sold them to the Republic of Korea, and agreed to distribute profits to Defendant A to 5:5. As such, the Defendants conspired to gain profits by evading customs duties by filing an import declaration at a low price, such as the Bosin, if Defendant A prepared a false lux with a lower amount than the actual nationalization price and sent it to Defendant B.

In addition, at the Incheon Customs Office around December 15, 2010, the Defendants filed a false declaration as if the actual price was 17,348,430 won, but the Defendants evaded customs duties of KRW 3,682,210 for KRW 14,728,862 in the difference, and subsequently evaded customs duties of KRW 3,682,210 for KRW 14,728,862 in the difference, as shown in the list of crimes in the attached Table, and evaded customs duties of KRW 170,688,910 for KRW 40 in the same way until April 25, 2012, the total value of the nationalization imported from the same method was KRW 912,72,081 in the amount of KRW 912,72,081 in the amount of KRW 230,047,656.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Application of Acts and subordinate statutes to accusations and import declarations;

1. Relevant legal provisions and the Defendants who choose to commit the crime: Articles 270(1)1 and 241(1) of the Customs Act; Article 30 of the Criminal Act (Concurrent imposition of imprisonment and fine pursuant to Article 275 of the Customs Act);

1. The Defendants aggravated concurrent crimes: the former part of Article 37 and Article 38(1)2 of the Criminal Act.

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