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(영문) 부산지방법원 2013.10.11 2013고합227
특정범죄가중처벌등에관한법률위반(관세)등
Text

A person shall be punished by imprisonment with prison labor for not less than one year and six months and by imprisonment for not more than six months with prison labor for the crimes of Nos. 1, 2, and 4 of the judgment of the defendant.

Reasons

Punishment of the crime

[criminal power] On March 27, 2001, the defendant was sentenced to 8 months of imprisonment with prison labor and 6 months of imprisonment with prison labor at the Busan District Court on April 4, 2001 and the judgment became final and conclusive on April 4, 2001.

【Criminal Facts】

"2013, 227"

1. The Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Customs Duties) imported royalties from E and China, the representative of D, who is a company importing and selling domestic royalties, to avoid the application of anti-dumping duties (65.31%) in the case of China, planned to disguise the importation of Malaysia on which the basic rate of customs duties (8%) is imposed in order to avoid the application of anti-dumping duties (65.31%) and planned to share the role by falsely attaching the burden of proof of origin, etc., and E shared the role by handling the import clearance of Ra.

On January 8, 2004, the Defendant, together with E, imported 9.60,00 won from the Yangsan Customs office located on the upper north of Yangsan-si, Yangsan-si, and evaded customs 25,727,283 won by reporting the actual customs duty rate to the customs office at 8% (65.31%) even though the actual customs duty rate is 73.31% (65.31%) in order to affect the determination of the amount of customs duties, as well as evading customs 25,727,283 won by reporting it to the customs office at 8% of the Malaysiaian tariff rate. From that time to January 13, 2005, the Defendant evaded customs 2,1510,000 won in China, and customs 508,473,271 won in Korea to be imposed at 693,593,331 won in the cost of the goods.

2. The Defendant in violation of the Foreign Trade Act, along with E, imported 960,00 domestically used Korea, whose country of origin is falsely indicated as Malaysia in order to avoid the imposition of anti-dumping duties at the Yangsan Customs office on January 8, 2004. From that point to January 13, 2005, the Defendant imported 22 times the total amount of KRW 151,00 domestically used Korea, including 1,785,673,094 in which the country of origin is falsely indicated as Malaysia, from that point to January 13, 2005.

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