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Defendant
A shall be punished by a fine for negligence of KRW 31,50,000, and by a fine of KRW 4,200,000, respectively.
Defendant
A above.
Reasons
Punishment of the crime
Defendant
A is the actual representative of the (State) B of the building on the first floor of the D Building in Ansan-gu, Ansan-si, and the defendant (State)B is a corporation that engages in the business of importing new products.
1. On March 9, 2011, Defendant A imported USD 967, U.S. dollars 33,403.95 from the U.S. through Busan port by ordering employees E and F at the above company office, and Defendant A evaded KRW 35,454,350 in total customs duties by reporting the import price to USD 23,382.83, equivalent to USD 10,021.12, which is equivalent to USD 10,000 in difference, by reporting the import price to USD 23,382.83 in Busan port. From that time to September 26, 2011, Defendant A evaded customs duties by reporting the import price at a low price over 21 times, as described in the attached list of crimes.
Accordingly, the Defendant violated the Customs Act in collusion with E and F.
2. Defendant (State)B violated the Customs Act with respect to the Defendant’s business as stated in the above paragraph (1) by a representative director who is the Defendant.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. A protocol concerning the suspect examination of the accused;
1. Protocol concerning the examination of suspect E (including the statement of the defendant);
1. Protocol of the prosecutorial statement concerning G;
1. Application of the Acts and subordinate statutes to report on investigation;
1. Defendant A of the pertinent legal provision on criminal facts: Articles 270 (1) 1 and 241 (1) of the Customs Act, Article 30 of the Criminal Act: Articles 279 (1), 270 (1) 1, and 241 (1) of the Customs Act;
1. Defendants from among concurrent crimes: the former part of Article 37 of the Criminal Act and Article 278 of the Customs Act
1. Defendant A who was sentenced to a sentence: Fine of 31,50,000 won (1,50,000 won x 21 times): Defendant B: Fine of 4,200,000 won (20,000 won x 21 times); and
1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;