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(영문) 인천지방법원 2014.10.30 2013고단8456
관세법위반
Text

Defendant

A Imprisonment of 1 year and fine of 18,300,000 won, Defendant B’s imprisonment of 8 months and fine of 7,400,000 won, and Defendant.

Reasons

Punishment of the crime

Defendant

A is the representative of C, and Defendant B is the actual operator of J and the representative of D Co., Ltd.

Defendant

Co., Ltd. (Representative A) is a corporation established for the purpose of clothing manufacture and sales in Geumcheon-gu Seoul Metropolitan Government K and 8701 (L building), and Defendant D Co., Ltd. (Gu Co., Ltd., J and representative director B) is a corporation established for the purpose of clothing export and import business in Incheon Gyeyang-gu M building 703.

No person who imports goods shall import goods by filing a false declaration on the dutiable value, etc. in order to affect the determination of the amount of customs duties.

1. Defendant A, Defendant B, and Defendant B knew the fact that the import declaration was unlawful when importing the clothing at a lower price than the actual price. Defendant A knowingly knew that the import declaration was made in the name of the Plaintiff, Defendant A, while requesting the Defendant B to vicariously import and clearance of clothing, and that the customs clearance of KRW 1,600 to KRW 2,700 for each product cannot be carried out by reporting the import price as the actual import price, and Defendant B knew that the import declaration was made in the name of J and D as if the clothing imported by Defendant A was the clothes imported by Defendant A under the above business agreement. Defendant B was aware that the import declaration was made in the name of J and D, while reporting the customs value at a lower price.

Defendant

A around April 28, 2011, around 201, as regards the clothing 206 under the name of HX2T2BBL0680 of the model of the processed clothes model from China GLORI FASHHOON DOLD, Defendant B requested an import clearance. Defendant B, while filing an import declaration under the name of JJ, shall be subject to KRW 17,214 or US dollars 2.189369 (Korean US$ 2,401), the unit price of the said clothes shall be KRW 11,80 or US$ 1.5 (Korean US$ 1,645), and the difference between the raw and secondary materials shall be imposed on KRW 3,051,398 and the clinical processing cost shall be imposed on KRW 2,876.47.

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