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(영문) 부산지방법원 2020.10.29 2020고정861
관세법위반
Text

Defendant

A shall be punished by a fine of 5,00,000 won, and a fine of 10,000,000 won, respectively.

Each of the above penalties shall be paid.

Reasons

Punishment of the crime

Defendant

A is the representative director of the D Co., Ltd. in Jeonnam-gun Group C, and Defendant B is a person who purchases herb drugs, etc. in China and sells them during the market after exporting them to the Republic of Korea.

1. When it is intended to export, import or return goods in violation of the Customs Act, the name, standard, quantity and price of the goods concerned, the trade name of the person liable for duty payment or the owner of the goods, and other matters prescribed by Presidential Decree shall be reported to the head of a customs office and shall not file a false declaration;

A. From May 6, 2015, Defendant A filed a false declaration on the trade name, etc. of the taxpayer and the shipper about four times in total from March 10, 2016 to March 10, 2016, as if the actual owner was E (State), Defendant A filed an import declaration numbering to F the amount of KRW 31,774,66 in proportion to the amount of the goods, as if the D company operating the Defendant was the owner of the goods, and filed an import declaration numbering to KRW 9,76km equivalent to KRW 31,76 in proportion to the amount of the goods, as if the Plaintiff was the owner of the goods, and filed a false declaration on the amount equivalent to KRW 282,15,741 in addition to the attached list of crimes from March 10, 2016.

B. Defendant A and Defendant B’s co-principal defendants import herb materials imported by Defendant B in the name of Defendant D Co., Ltd. in the operation of Defendant A, with the intent of Defendant B to pay the fees to Defendant A.

From March 23, 2017, Defendants conspired and filed an import declaration with G, as if D companies operating Defendant A were their owners, filed an import declaration declaration amounting to KRW 8,221,601, and filed an import declaration amounting to KRW 8,880 km equivalent to the amount of goods G, and filed a false declaration on the amount equivalent to KRW 50,784,441, totaled five times from January 8, 2018 to January 5 through 9, 2018.

2. Goods intended to be exported, imported or returned in violation of the Customs Duties Act;

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