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Reasons
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(영문) 인천지방법원 2016.05.19 2015고정2988
관세법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who exports wastes, such as waste synthetic resin, in the name of "D", in the ethic City C.

The name, standard, quantity and price of the relevant goods, and other matters prescribed by Presidential Decree, shall be reported to the head of the relevant customs office.

On September 2, 2014, the Defendant exported wastes to the head of the competent basin environment (local) environment by way of permission or reporting procedures under the Waste Management Act, etc., in fact with the Incheon Customs Export Declaration Number E, by reporting to the head of the competent regional office of origin “PLASIC SCRP” 21,780 g, export declaration price of KRW 2,202,437, “PLASIC SHEE (the HS code: 3920490000), which are other goods that do not require the above export requirements.”

From September 2, 2014 to February 1, 2015, the Defendant reported and exported goods equivalent to KRW 283,264kg, export declaration price of KRW 30,09,234, as stated in the attached list of crimes in the attached list of crimes, as above, to “PLASIC SCRP” 283,264kg, and the export declaration price of KRW 30,09,234, which are different goods from actual export goods.

On February 12, 2015, the Defendant reported to “PLASIC SCRP” 21,700km, and 2,352,714 won of export declaration price as “PLASIC SHET” with F of the Incheon Customs Declaration No. 21,70km on February 12, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of seizure and a list of seizure;

1. A written accusation;

1. A letter of reply as to whether the report on wastes from the Han River basin environment is subject to permission;

1. Details of the D export declaration;

1. Application of Acts and subordinate statutes to the exposed goods photographs;

1. Relevant Article of the Customs Act and Articles 269(3)2 and 241(1) (the export of false declaration) of the Customs Act for criminal facts; Articles 271(2), 269(3)2 and 241(1) (the export of false declaration) of the Customs Act; Articles 269(3)2 and 241(1) of the Customs Act for the selection of fines for each crime;

1. The former part of Article 37 of the Criminal Act, and Article 278 of the Customs Act (Article 38(1) of the Criminal Act).

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