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(영문) 부산지방법원 2017.08.10 2016고정772
관세법위반
Text

Defendant shall be punished by a fine of KRW 25,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

When it is intended to export, import or return goods, the name, standard, quantity and price of the relevant goods, and other matters prescribed by Presidential Decree shall be reported to the head of a customs office, and the dutiable value, tariff rate, etc. shall not be reported and imported in a false manner in order to affect the determination

1. On April 11, 201, the Defendant filed a false declaration of the price of goods at KRW 52,749,120, and evaded customs duties equivalent to KRW 36,924,380,00, in order to affect the determination of the amount of customs duties, while importing from Busan Port located in the Seocho-dong, Busan, Busan, the market price of which is equivalent to KRW 175,830,40,00 in China.

2. On April 12, 201, the Defendant filed a false declaration of the price of the goods at KRW 40,550,886 in order to affect the determination of the amount of duty while importing from Busan Port located in the Seocho-dong, Busan, the market price of which is equivalent to KRW 135,169,620, China, and China, and subsequently evading customs duties equivalent to KRW 28,385,620.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. On July 25, 2012, and August 6, 2012, the part concerning the defendant and E in the protocol of interrogation of the suspect of each police officer, and the protocol of interrogation of the suspect of the prosecution against D,

1. Each statement of payment (51 pages, 52 pages of investigation records);

1. Each mid-term People's Republic of China Customs Declaration (the nine pages, the 14th page) and each import declaration (the 10th page, the 15th page of the investigation records);

1. Application of F Enterprise Information and Import Details Acts and subordinate statutes;

1. Article 270 (1) 1 of the Customs Act and Article 241 (1) of the same Act (excluding punishment for a violation) concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Article 278 of the Customs Act (the provision on aggravation of restrictions on concurrence of fines under Article 38 (1) 2 of the Criminal Act shall not apply);

1. A fine of KRW 25 million for a sentence (=a fine of KRW 15 million for a fine of KRW 15 million in the holding judgment)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;

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