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(영문) 서울중앙지방법원 2016.02.17 2014고단7739
관세법위반등
Text

A defendant shall be punished by imprisonment for one year and a fine of 10,000,000 won.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a foreigner of Japanese nationality, who operates “C” as a clothing exporter in Jongno-gu Seoul Metropolitan Government B A 1034.

The Defendant, without registering a business operator at the competent tax office, conspired with D operators E, F operators G, H representatives I to evade customs duties by exporting products through a transportation agency without an export declaration, or by manipulating the export price or by falsely filing a false declaration, for the purpose of evading taxes on profits when operating the above company without registering a business operator at the competent tax office.

1. Where it is intended to export or return goods, a declaration thereon shall be filed with the head of the relevant customs office on the names, specifications, quantity and prices of such

On October 1, 2009, the Defendant exported 6,386,853 won at the 615th market price of Titts produced and purchased from the above “C” to the head of the customs office without filing a report, and sent the goods to D (State) an intermediate transport agency located in Seongbuk-gu Seoul High CourtJ, and (State) E, a D operator, transported the goods to “K” through F operator G, which is a Japanese customer, through the transportation agency operator G, and exported the goods to K in total of KRW 516 times from that time until August 2, 2013, as shown in Appendix I, 575,416, total market price of KRW 7,592,23,03,039, as shown in Appendix I.

Accordingly, the Defendant exported goods in collusion with the head of E, G, etc. without filing a declaration.

2. No person shall conceal criminal proceeds, etc. for the purpose of promoting specific crimes or pretending criminal proceeds, etc. as legitimately acquired;

On October 6, 2009, in order to prevent the Defendant from being aware of the source of the sales price for clothes acquired from the “K”, a trader, by smuggling exporting from the above “C” around October 6, 2009, the Defendant received the transaction price into the L(L) account, a Japanese customer in D (State).

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