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(영문) 인천지방법원 2014.04.16 2014고단212
관세법위반
Text

Defendants shall be punished by each fine of KRW 19,500,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the representative director of corporation B, and the defendant corporation B is a corporation established for the purpose of manufacturing and wholesale and retailing clothes.

No person shall evade customs duties by filing a false declaration of the dutiable value with the aim of influencing the determination of the amount of customs duties.

1. In importing the clothing processed in China, the Defendant: (a) paid a certain amount of money per unit of clothing per unit of clothing as an import agency fee; and (b) offered to import clearance in the name of C Company by using false personal cards prepared by D at a price lower than actual ones, regardless of the price and clinical processing cost of clothing with D representative of C Company and clothes; and (c) the Defendant offered to import clearance in the name of C Company.

On January 16, 2012, the Defendant reported the importation number of the Incheon Customs E 1-2LJP 108/109/110 to 2,643 points, and reported the actual unit price to 5 U.S. dollars, but at least 28,664.63 U.S. dollars, and evaded the amount of KRW 4,362,200, which shall be imposed on 28,664.63 U.S. dollars. Based on the foregoing method, the Defendant evaded the amount of KRW 768,81.09 U.S. dollars from March 11, 2013 to March 11, 2013.

Therefore, the Defendant evaded customs duties of KRW 9,351,520 to be imposed on KRW 1,406,50,603 in the margin market by reporting the price of 26,045 and 74,363 (total of 74,363) at a lower level than the actual market price.

2. A, the representative director of the defendant in relation to the defendant's business at the date, time, and place mentioned above, committed the above violation of the Customs Act.

Summary of Evidence

1. Defendant A’s legal statement

1. Each police suspect interrogation protocol regarding D;

1. A written accusation;

1. Application of Acts and subordinate statutes to a copy of an export-import agency contract, a copy of a quotation in the name of C company, a revenue of C company (B), export details by ordering agency, cost statement, copy of a bankbook, a copy of a remittance receipt, two copies of a remittance receipt, and a copy of a written request for payment

1. Article applicable to the facts constituting an offense and the defendant A of the option of punishment: Customs Duties Act;

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