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(영문) 서울서부지방법원 2016.02.05 2014고단3645
관세법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 7,000,000, and by a fine of KRW 3,000,000.

Defendant

A above.

Reasons

Punishment of the crime

1. Defendant A is a person who operates B, a clothing exporter company in the Jung-gu Seoul Metropolitan Government E and the third floor.

When it is intended to export, import or return goods, he/she shall report to the head of a customs office on the matters prescribed by Presidential Decree, such as the name, standard, quantity and price of the goods concerned, the trade name of the person or owner of the goods, business registration

Nevertheless, the small clothes of the East and South Korea, which export the clothing to Japan, will be ordered to export the clothing within the imminent period from the customers of Japan, instead of filing a normal export declaration under the name of the exporting company, and the delivery statement stating only the item and quantity without stating the price prior to 1 to 2 days prior to the date of shipment, and the delivery of the items to be exported to the final transportation agency or the word "Badaa";

“If an intermediate transport agency delivers to a final transport agency via an intermediate transport agency, the intermediate transport agency: (a) packages the clothing received from the exporter; (b) prepares a stalking list; (c) issues to the final transport agency; and (d) the final transport agency estimates the type and quantity of the clothes anticipated based on the existing transaction before receiving the export agency’s request; and (c) submits to the customs office in advance an export declaration in which the export price was entered at the price equivalent to the commission of the final transport agency’s goods, such as stacks, balks, and balkets, etc.; and (d) receives the export declaration in which the export price was stated at the price equivalent to the commission of the final transport agency’s goods; and (e) has been exported by shipping the goods requested based on the incorrect export declaration that was filed in advance with the export company’s request.

The defendant shall make or purchase the clothes ordered by the customers in Japan and shall report export normally.

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