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(영문) 인천지방법원 2019.09.06 2019고정1166
관세법위반
Text

Defendant

A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 3 million.

Defendant

A, each of the above.

Reasons

Punishment of the crime

Defendant

A is a person who operates Defendant B, a corporation established for the purpose of the Internet business in the heading of the building C with the population of the Ministry of Land, Infrastructure and Transport.

No person who has filed a report with the head of a customs office to import goods shall import goods without meeting requirements for permission, approval, recommendation, certification or other conditions necessary for import pursuant to Acts and subordinate statutes or import goods by meeting such requirements and conditions by

1. On October 8, 2015, Defendant A imported 15,533,907, from a company located in China, a number of 31 of the market price at which the National Radiological Research Institute should undergo suitability evaluation of broadcasting and communications equipment under the Radio Waves Act, and imported 15,53,907, without undergoing the suitability evaluation, without satisfying the conditions.

From that time until July 27, 2018, the Defendant imported 334 of the total market price of KRW 197,880,342 from that time to that time, as indicated in the list of crimes in the attached Table, and imported 334 of the total market price without undergoing conformity assessment.

2. From October 8, 2015 to July 27, 2018, Defendant B, a real operator of the Defendant, imported dynamics, without undergoing the suitability evaluation, without undergoing the Defendant’s business affairs.

Summary of Evidence

1. Defendants’ respective legal statements

1. The import declaration, the details of import (B), the details of import clearance B and the details of the import of dynamics;

1. Information and search output on certification of conformity of the National Radio Waves Institute;

1. Application of Acts and subordinate statutes to written accusation;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 270(2) and 241(1) of the Customs Act; selection of fines for negligence

B. Defendant B: Articles 279(1), 270(2), and 241(1) of the Customs Act; selection of fines

1. Defendants among concurrent crimes: according to Article 278 of the Customs Act, with respect to a violation of each Customs Act as stated in Article 278 of the Customs Act.

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