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(영문) 인천지방법원 2014.03.28 2014고정780
관세법위반
Text

Defendant shall be punished by a fine of KRW 1,920,00.

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

Reasons

Punishment of the crime

The Defendant resided in Masi-si C and 207 Dong 1103, and imported and sold heavy colorphones and audio appliances on Internet evey.com operated in the U.S. without a certain occupation.

The dutiable value shall not be reported falsely in order to affect the determination of the amount of tax.

The Defendant intended to evade customs duties equivalent to the difference by reporting at a price lower than the actual purchase price, while importing second color and audio equipment from the above beer site.

On March 26, 2011, when the head of the Incheon Airport Customs Office filed an import declaration on one of the algolopons purchased at the above algol site, the Defendant reported as if the actual purchase price of the goods was purchased at US$ 1,963, and subsequently cleared the customs duties equivalent to US$ 1,613 on the same day with the acceptance of the declaration, thereby evading customs duties equivalent to US$ 1,613, which is the difference.

From around that time to December 2, 2013, the Defendant evaded customs duties equivalent to US$95,532.86 (Korean US$106,375,702) by the same method while importing 75 heavy and audio 18 heavy and audio 18 heavy 64 times in total, as shown in the list of crimes in attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Performance record on the importation of A Colorphones;

1. Application of the statutes governing the copy of import declaration certificate and the output of the settlement data;

1. Article 270 (1) 1 of the Customs Act and Article 241 (1) of the Act on the Selection of Punishment for Crimes;

1. Of concurrent crimes, the former part of Article 37 of the Criminal Act and Article 278 of the Customs Act (the provisions on restricted aggravation of fines for concurrent crimes in Article 38 (1) 2 of the Criminal Act shall not apply, and the amount of fines shall be calculated for each violation, and such sum shall be aggregated);

1. The age of 74 years under Articles 53 and 55(1)6 of the Criminal Act for discretionary mitigation, and the depth of the instant crime, and the motive and circumstances of the instant crime, the method of committing the crime, and the corresponding thereto.

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