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(영문) 인천지방법원 2014.09.03 2014고단1051
관세법위반
Text

Defendant

A Imprisonment of one year and six months, Defendant B’s imprisonment of one year and four months, Defendant C’s imprisonment of one year and one year, and Defendant D’s imprisonment of six months.

Reasons

Punishment of the crime

Defendant

A is the representative director of the male clothes manufacturing and wholesale retail chain I. Defendant B is the person who actually establishes and operates the J, K, L, and M Co., Ltd. under the name of his family and branch members, and the person who actually operates them. Defendant C is a person who actually manages the affairs such as ordering, contracted processing, import, etc. of clothing manufacturing and wholesale retail chain N, and Defendant D is the actual representative of O of clothing manufacturing and wholesale retail chain.

No false declaration on the dutiable value, tariff rate, etc. shall be made in order to affect the determination of the amount of customs duties while importing goods from overseas.

1. The Defendant’s sole criminal defendant, while importing male clothing from China, intended to evade customs duties by way of filing an import declaration at a price lower than the actual price, and on July 30, 2009, filed an import declaration (report number P) of the 182 domestic clothing 182 domestically used in the Incheon Customs office, while the actual dutiable value was KRW 3,983,424, the actual dutiable value was KRW 3,983,424, the false declaration was made, and the difference was 745,037, the customs duties amounting to 745,037, the difference was 1,213,415 won.

From that time to May 12, 2011, the Defendant evaded customs duties of KRW 265,438,550, which will be imposed on the amount of KRW 158,446 for men in Korea and KRW 2,041,838,310 (market price of KRW 3,325,469,561), as indicated in attached Table 1, in total, 78 times in the same manner.

2. Defendant A and Defendant B’s co-principal co-principals: (a) import of male clothing, which Defendant B operates in the name of Defendant B, such as J, K Co., Ltd., and L Co., Ltd., which are operated by Defendant B; and (b) pay only a small amount of customs duties, regardless of the actual value of goods, such as transportation charges and customs duties and surtax, which are imposed at the time of import, regardless of the actual value of goods; and (c)

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