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(영문) 서울중앙지방법원 2014.06.24 2014고정945
관세법위반등
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who resides in Dongdaemun-gu Seoul, 101 Dong 1002, and operates E exported to Japan by manufacturing clothes.

1. Where it is intended to export, import or return goods in violation of the Customs Duties Act, the name, standard, quantity and price of the relevant goods, and other matters prescribed by Presidential Decree shall be reported to the head of

Nevertheless, in order to avoid exposure to global income tax, the Defendant, while exporting clothing to Japan, had the head of the customs office engage in smuggling export without filing an export report. On January 8, 2013, 2013, the Defendant exported 153 points (Korean Won 9,796,545 won) to Japan’s customer F ( brand G) through I (RepresentativeJ) shipping companies located in Seongbuk-gu Seoul Metropolitan Government H, but did not report the name, standard, quantity, etc. of the said stack to the head of the customs office on 42 occasions from that time, including the Defendant’s failure to report the name, size, quantity, etc. of the said stack to the head of the customs office from that time to July 7, 2013, and did not report the name, quantity, and price, etc. of the relevant goods to the head of the customs office.

2. On January 27, 2013, the Defendant violated the Act on the Regulation and Punishment of Criminal Proceeds Concealment: (a) transferred the amount equivalent to KRW 6,493,709 to the account of an enterprise (MCOTD, etc.) operated in Japan from February 12, 2013; and (b) received in cash after the transfer on February 26, 2013 through I; and (c) received in cash from February 5, 2013 to August 5, 2013, including the amount received in cash through I, from February 5, 2013 to August 5, 2013.

Accordingly, the defendant's purpose is to encourage crimes of Article 269 of the Customs Act corresponding to serious crimes or to pretend to be the property legitimately acquired.

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