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(영문) 부산지방법원 2014.04.11 2013고정6445
관세법위반
Text

Defendants shall be punished by a fine of KRW 4,000,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

Defendant

A is the representative director of corporation B, and the defendant corporation B is a corporation established for the purpose of manufacturing air conditioning, heat liver, and single products in Gwangju Mine-gu E.

1. When Defendant A purchased seven heavy vehicles from the Japanese “F” company on January 22, 2010 and filed an import declaration number G with the Busan Customs office, Defendant A, in addition to the purchase cost of goods, filed a report on the inclusion of 258,90N (Korean Won KRW 3,206,605) in the dutiable value, including the internal transportation cost and packing cost in Japan, but subsequently, Defendant A evaded customs duties of 256,520 won from around that time to January 12, 2012 by reporting the omission, and then, Defendant A evaded customs duties of 10 times in total including KRW 630,56,795 in total, including the list of crimes in the attached list of crimes. As seen in the attached list of crimes, the sum of actual transaction prices was lower than KRW 428,032,741, and then evaded customs duties of 202,534,054 won.

2. Defendant B, a representative director of the Defendant, violated the Customs Act as stipulated in paragraph (1) in relation to the business of the corporation.

Summary of Evidence

1. Defendants’ legal statement

1. Investigation reports and investigation reports;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to written appraisal;

1. Article 270(1)1 of the former Customs Act (amended by Act No. 10424, Dec. 30, 2010); Article 241(1) (amended by Act No. 10424, Jan. 22, 2010; February 19, 2010; March 22, 2010; and each customs evasion as of Jun. 14, 2010); Article 270(1)1 of the former Customs Act; Article 241(1) of the former Customs Act (amended by Act No. 10424, Dec. 30, 201; and Article 270(1)2 of the former Customs Act (amended by Act No. 10424, Feb. 19, 201; Amended by Act No. 10424, Feb. 16, 201; Amended by Act No. 103038, Feb. 10, 2010)

1. The Defendants who aggravated concurrent crimes: the former part and the former part of Article 37 of the Criminal Act.

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