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(영문) 부산지방법원 2014.06.12 2014고정415
관세법위반
Text

Defendant shall be punished by a fine of 19,364,720 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 23, 2010, the Defendant: (a) imported 4,320 newly located domestically from China to B; (b) reported the actual payment price of USD 5,184; and (c) evaded customs duties of USD 3,672 equivalent to USD 3,672 by reporting it to USD 5,512; and (d) subsequently, on June 10, 2013, imported 88,072 35 times from June 10, 2013, the actual payment price was 297,917 USD 39,087 and then evaded customs duties of USD 38,729,440 equivalent to USD 258,830,00.

Summary of Evidence

1. Defendant's legal statement;

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

1. Article 270(1)1 of the former Customs Act (amended by Act No. 10424, Dec. 30, 2010; hereinafter the same) and Article 241(1) of the former Customs Act (amended by Act No. 10424, Dec. 30, 201; hereinafter the same), Articles 270(1)1 and 241(1) of each Customs Act (amended by Act No. 1 or 18, 270(1)1 of each Customs Act, and Article 241(1) of the former Customs Act (amended by Act No. 10424, Dec. 1, 201);

1. Aggravation of concurrent crimes under the former part of Article 37 of the Criminal Act, Article 278 of the former Customs Act and the Customs Act (the amount of fine shall be calculated separately for each act without applying Article 38 (1) 2 of the Criminal Act, and it shall be added up);

1. 38,729,440 ¡¿ 1/2 = 19,364,720 won in addition to the amount equivalent to 1/2 of the customs duties evaded by a sentence;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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