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(영문) 인천지방법원 2017.11.29 2017고단5116
관세법위반
Text

Defendant

A Imprisonment with prison labor of 8 months and fine of 2 million won, Defendant B Co., Ltd. with fines of 20 million won, and Defendant C.

Reasons

Punishment of the crime

Defendant

A is the representative director of B, and the defendant B is a corporation with the purpose of electronic parts, semiconductors, LED, and OLD manufacturing, and the defendant C is a corporation with the purpose of voltageing aluminium.

1. Defendant A

(a) Where it is intended to export goods against which a false declaration is filed, the name, standard, quantity and price of the relevant goods and other matters prescribed by Presidential Decree shall be reported to the head of the relevant customs office and shall not file a false declaration;

On December 4, 2012, the Defendant reported to the head of the customs office a false declaration on the export price of D in the U.S. established by the Defendant under the name of B corporation operated by the Defendant as an exporting customer, and filed an export declaration number E with the number of 7,000 of LEDRs, notwithstanding that the actual unit price is 12 U.S. dollars, the Defendant filed a false declaration on the export price of D in the name of B corporation operated by the Defendant.

(b) In filing an export declaration for a crime of price manipulation, no declaration shall be filed by manipulating the price of goods for the purpose of acquiring, or causing a third party to acquire, any property or property benefits;

The Defendant, by manipulating the high price of goods exported under the name of B and C operated by the Defendant, raised the credit rating of the corporation by raising sales performance through raising the sales performance, and used the loan from the financial right to the company for its operation funds, etc. based on the credit rating of the Jin corporation, and at the same time, maintained the conditions of occupancy (the standard export amount exceeds 50%) of the above B B Company located in a free trade zone.

On September 27, 2016, the Defendant filed an export declaration of eight export declaration numbers with D in the U.S. established by the Defendant under the name of C Co., Ltd. under the name of C Co., Ltd. operated by the Defendant as an export customer, and the Defendant intended to obtain financial benefits, despite the fact that the actual price was 20,466,90 won.

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