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(영문) 인천지방법원 2014.04.10 2013고단6565
관세법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

3,701,337,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

If it is intended to export goods, 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, and no goods shall be exported after filing a report thereon, and no goods shall be exported without meeting the requirements for permission, approval, recommendation, certification or other conditions necessary for export pursuant to statutes or exported after fulfilling such requirements

Nevertheless, the Defendant, in collusion with D and E, filed an export report with the customs house as if he were exported a motor vehicle which has already been cancelled, conducted the same as a used motor vehicle export business in a way of exporting it overseas, and then, the Defendant, in fact, conspiredd to take charge of shocking and shipping request work in accordance with D’s instructions, while performing the business of purchasing the motor vehicle to be exported, issuing an export cancellation certificate, preparing a corporation, etc. necessary for export declaration, D’s export declaration and loading work, selling the motor vehicle to be exported, etc.

1. Around December 2, 2010, the Defendant, in collusion with D and E, declared that one motor vehicle was exported from the Incheon Port Dong-dong Incheon, Jung-gu, Incheon, the export declaration number F, Hyundai New Frop, Hyundai New Frop, E, but actually exported the other motor vehicle reported to the customs by loading one motor vehicle of the flag-learning (H number: H number) vehicle, and exported the other motor vehicle from around that time to July 18, 201, together with the list 136 of the crime list 136 used motor vehicle market price at KRW 3,701,37,000.

2. In collusion with D and E on December 2, 2010, the Defendant violated the Customs Act by illegal export means exporting one motor vehicle from the Incheon port located in Jung-gu Incheon, Jung-gu, Incheon, and from the Incheon port where the export declaration number F is cancelled.

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