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(영문) 광주지방법원 2014.05.28 2014고정491
관세법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is the actual operator of “stock company C” located in B in B of B.

Where any person intends to export, import or return goods, he/she shall report to the head of a customs office the name, standard, quantity, price, etc. of such goods and shall not export or return such goods different from those on which an import declaration

1. On April 2, 2013, the Defendant, in collusion with E, F, and G operating D Co., Ltd., filed a false declaration with the head of Busan Customs Office, even though the fact at the Busan Customs Office located in 20 as of Busan Jung-gu, Busan, for the export of the “free fuel of freezing originals” equivalent to U.S. dollars 56,000 (S. 61,658,800) in the name of C Co., Ltd., the Defendant filed a false declaration and export to the head of Busan Customs Office, as if he were to export the “

2. On April 4, 2013, the Defendant, in collusion with the above E, exported the “fresh by-products” equivalent to the amount of 81,075 U.S. dollars in the name of the said Busan Customs Office Co., Ltd. (Korean Won 89,267,628) under the name of the said Busan Customs Office, but subsequently exported the “fresh by-products” to the head of the Busan Customs Office, as if he exported the “fresh by-

3. On April 12, 2013, the Defendant, in collusion with the above E, intended to export the “Fresh original by-products” equivalent to U.S. dollars 87,820 (S. 97,150,875 won) in the name of the said Busan Customs Office, but intended to export the “Fresh original by-products” equivalent to the same amount to the head of the Busan Customs office, but failed to export the “FF by-report” through a false declaration to the head of the said customs office.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Three copies of the notice of suspicion of smuggling export, the notice to the general meeting of holders of a dispute resolution committee C in relation to the general meeting of holders of a dispute resolution committee, and the factoring list;

1. Application of Acts and subordinate statutes of one copy of the current photograph of each container and of a original photograph;

1. Articles 269 (3) 2 and 241 (1) (in cases of attempted crimes, Article 271 (2) of the Customs Act shall be added) of the relevant Act concerning criminal facts;

1. Optional fine;

1. Aggravation for concurrent crimes;

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