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(영문) 서울서부지방법원 2013.10.18 2013고단1812
관세법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the representative of Eunpyeong-gu Seoul Metropolitan Government “E” to import foreign food markets and sell online products.

1. Where any person who violates the Customs Act intends to export, import or return goods, he/she shall file a declaration thereon with the head of a customs office on the name, standard, quantity and price of the relevant goods and other matters prescribed by Presidential Decree and shall not file a false declaration on the dutiable value, tariff rate, etc. in order to exercise influence

On January 9, 2009, the Defendant reported to the Incheon International Postal Customs Office an importation declaration number in Japan in F, and subsequently, evaded customs duties of KRW 53,384,840 by the same method over a total of 170 times from January 22, 2013, including evading KRW 557,234 of the customs duties imposed on the United Nations 39,100, when the actual price was reported at low-price 53,100, while the import declaration was 53,100, the actual price was reported at low-price 14,00,000.

2. Any person who violates the Customs Act shall, when he/she intends to export goods, report to the head of a customs office the name, standard, quantity and price of the relevant goods and other matters prescribed by Presidential Decree;

On January 13, 209, the Defendant exported the total amount of KRW 994,665,00 from September 24, 2012, to an international mail (Ems) without filing a report thereon with the head of a customs office, and then exported the total amount of KRW 144,640,945, in the same way, from September 24, 2012, to an international mail (Ems) without filing a report thereon with the head of a customs office, from September 24, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1.The import declaration and the actual price discount, the actual settlement amount by each import declaration and the actual price discount, the details of the actual settlement amount by each import declaration, the details of the sending price by E (related to the import declaration) and the details of the sending price by E (related to smuggling), the verification of actual delivery of imported goods;

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