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(영문) 인천지방법원 2013.06.20 2013고단1937
관세법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who imports a domestic e-commerce cocks, etc. with the trade name “C” in Chuncheon City B, and engages in wholesale and retail through electronic commerce at the Internet site (D).

If a person intends to import goods, he/she shall report to the head of the relevant customs office the description, specification, quantity, and price of the relevant goods, and other matters prescribed by Presidential Decree, and shall not make a false declaration

On October 16, 2009, the Defendant imported from China Madern 1,000 US dollars 7,800 from China to Incheon Customs office, and filed an import declaration (report number F) at the Incheon Customs office, and the import price submitted false invoices to the customs office at USD 3,900, and evaded customs duties of USD 368,780 to be imposed on USD 3,900.

In addition, from November 14, 2012 to November 14, 2012, the Defendant filed a false report on the imposition of customs duties over 88 times in total, and subsequently evaded customs duties of 87,329,290 to be imposed on USD 945,781.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation, an information analysis report, and a seizure report;

1. The details of each foreign currency remittance, foreign currency remittance transaction statement and application form, business profiling files, each import clearance statement, each import declaration, each copy of each exchange/transfer/gold transaction statement, each copy of each foreign currency remittance application, each foreign currency remittance document, each copy of each foreign currency remittance document, and invoice for each import declaration;

1. C location, warehouse photograph, and business registration certificate;

1. Application of Acts and subordinate statutes for safekeeping of import declaration, a copy of a contract under subparagraph 1, a copy of invoice, a document evidencing evidence 2, a statement of cost cocks;

1. Article 270 (1) 1 of the Customs Act and Article 241 (1) of the same Act applicable to the crimes and the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. 41,786,290 won out of customs duties evaded by the Defendant under Article 62(1) of the Criminal Act.

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