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(영문) 서울중앙지방법원 2015.10.22 2013고단404
관세법위반
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A defendant shall be punished by imprisonment for six months and fine for 4,900,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who operates the “G” of a trading company located in F at the Namyang-si.

In importing a new job from China, the Defendant reported the price at a price lower than the actual transaction price or filed a false declaration of the price by omitting some items, such as freight to be included in the actual transaction price, with a view to evading customs duties.

1. On November 18, 2009, the Defendant, at the office of the above "G", imported 4,002 knives for women from China, filed an import declaration with the head of the Busan Customs Office as H, and the actual transaction price was reported to the head of the Busan Customs Office as US$ 13,740, but the actual transaction price was reported to US$ 3,780 and evaded KRW 1,063,160, which is the difference.

The defendant in addition to this, and a list of annexed crimes

1. As described in the note, the customs duty amounting to KRW 105,351,820, which was imposed on US$95,124, totaling 25 times from around that time to April 11, 201, was evaded.

2. On September 10, 2012, the Defendant: (a) filed an import declaration from China to J under the name of J; (b) reported the actual transaction price to US$18,066; (c) failed to report transportation cost of KRW 2,135,850; and (d) evaded KRW 1,749,902, the margin of duty imposed on US dollars 16,716, which is the difference, due to failure to report transportation cost of KRW 2,135,850.

The defendant in addition to this, and a list of annexed crimes

2. As described in the statement, the sum of the customs duties imposed on US$ 229,100 over 24 times from around that time to November 19, 2012 was evaded KRW 25,459,770.

Summary of Evidence

1. Legal statement of K witness K;

1. Entry of witness K's legal statement in the third protocol of trial;

1. Entry of a witness in the seventh trial record in the legal statement of L;

1. Entry of witness M in the 12th trial records in the court's statement;

1. Lritten statements;

1. A copy of the examination record of witness;

1. A written accusation;

1. The police seizure record and the list of seizure;

1. A report on investigation (report on execution of search and seizure);

1. An investigation report (an additional confirmation of details of tariff evasions, except N/S.) 1.

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