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(영문) 서울남부지방법원 2012.05.24 2011고합249
특정경제범죄가중처벌등에관한법률위반(재산국외도피)등
Text

Defendant

A Imprisonment of one year and six months, Defendant B’s imprisonment, and Defendant C’s fine of KRW 200,00,000, respectively.

Reasons

Punishment of the crime

Defendant

A is the representative of the Chinese Cheongdo I, Cheongdo C Co., Ltd. from 2005 to 2005, and was the actual representative in charge of all business affairs related to the domestic C Co., Ltd., D Co., Ltd., E Co., Ltd., and E Co., Ltd., and the representative in charge of all business affairs related to the construction industry from 2006 to the domestic C Co., Ltd., D Co., Ltd., and the representative in charge of all business affairs related to the construction industry. Defendant C Co., Ltd. (Representative B) was the representative in charge of all business affairs related to the construction industry, from January 2005 to 2007, Defendant D Co., Ltd. (Representative in charge), from May 207 to July 200 to the date of construction business.

1. Joint criminal conduct by Defendant A and Defendant B

(a) When goods are imported from any foreign country that violates the Customs Act, the relevant dutiable value, customs duty rate, etc. shall not be falsely declared to the head of the relevant customs office after reporting the name, standard, quantity, price, etc. of the imported goods;

Nevertheless, Defendant A, the representative of the International Limited Company I and Defendant B, the representative of the Foreign Supplier C Co., Ltd., the domestic monopoly, had the intent to evade customs duties by making an import declaration of Chinese artificial materials for construction at a price lower than the actual price. On January 7, 2008, Cheongdo International Limited Liability Company of China filed an import declaration of 865.20 square meters from D Co., Ltd. to Pyeongtaek Customs Office as L, while it filed an import declaration of 31,79.13 square meters with D Co., Ltd. on January 7, 2008, the actual price of goods was US$ 31,799.13, but it was reported as US$ 22,259.73 US dollars, the difference between the actual price of goods was 9,539.73 US dollars and the difference was 721,980 US dollars from the above date to January 16, 2009.

(b) A resident who violates the Foreign Exchange Transactions Act.

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