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(영문) 서울중앙지방법원 2014.04.23 2014고정920
관세법위반
Text

Defendant shall be punished by a fine of KRW 70 million.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a person who operates D, a salt disability Paris Import Business Entity in Yangcheon-gu Seoul Metropolitan Government.

Any person who intends to import goods shall file a false declaration on the name, standard, quantity and price of the relevant goods and other matters prescribed by Presidential Decree with the head of a customs office, and shall not file a false declaration on the dutiable value or tariff rate in order to exercise influence

The Defendant, while importing salt Paris, received a stamp stating the actual price and the price at a low price from an overseas trader, received double a stamp from the overseas trader, and filed an import declaration at a price lower than the actual price. On February 27, 2009, the Defendant avoided customs duties imposed on imported goods by filing an import declaration at a price lower than the actual price. On February 27, 2009, the Defendant filed an import declaration at a lower price than USD 30,500 as if the actual price of goods was 27,00 U.S. dollars, but the actual price of goods was 3,500 U.S. dollars for the difference between the actual price and the actual price was 3,500 U.S. dollars in the import declaration at a lower price than 27,000 U.S. dollars in the foreign trader’s account.

From that point of time to March 12, 2013, the Defendant, through the same method, imported salt disability Paris in China and Thailand, and Vietnam over a total of 107 times, as indicated in the attached list of crimes, evaded customs duties of KRW 200,677,560.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application for overseas remittance related to the sending of the political party, evidentiary documents, such as seal stamps, etc., LCs and data for adjustment of settlement of accounts by declaration, details of evasion of customs duties, and application of Acts and subordinate statutes to investigation reports (comprehensive investigation reports);

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Until December 31, 2010: Articles 270(1)1 and 241(1) of the former Customs Act (amended by Act No. 10424, Dec. 30, 2010).

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