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(영문) 인천지방법원 2016.08.12 2015고정2280
관세법위반
Text

Defendant

A shall be punished by a fine of KRW 10,000,000, and by a fine of KRW 20,000,000, respectively.

Defendant

A.

Reasons

Punishment of the crime

Defendant

A and G are those who work as business employees of Defendant B who carry on the transportation business, and H and I are those who operate the “J” and the “K stock company,” respectively, as used cars exporters.

1. G, Defendant A, and H;

(a) Where it is intended to export goods into smuggling, the name, standard, quantity, price, etc. of the relevant goods shall be reported to the head of a customs office, and such goods shall not be exported after filing a declaration thereon with the relevant goods as are different from the relevant goods;

Nevertheless, G and Defendant A conspired to export used cars for which seizure and mortgage-mortgage were established with H by way of loading them by using a certificate of completion of export declaration of other vehicles while exporting them. On July 18, 201, in the Incheon port located in Jung-gu Incheon port, Jung-gu, Incheon, the export declaration was submitted to the export declaration of the "Jin high-speeded vehicle (number L)" and exported them by means of shipping.

From July 18, 201 to December 26, 2011, G and H exported 12 used cars equivalent to KRW 117,150,00 in total market price over seven occasions, such as the entry in [Attachment 1] No. 1] from July 18, 201 to December 26, 201, and Defendant A and H exported 2 used cars equivalent to KRW 117,150,00 in total. From February 17, 2012 to March 26, 2012, Defendant A and H exported 8 and 9 used cars equivalent to KRW 21,070,00 in total market price over two occasions, such as the entry in [Attachment 1] No. 8 and 9].

(b) No export may be exported without obtaining permission, approval, recommendation, certification, or other conditions necessary for export in accordance with statutes governing illegal exports, or upon meeting such requirements or conditions by fraudulent means;

Nevertheless, G and Defendant A did not register the cancellation of cars under the Automobile Management Act by using the certificate of completion of the export report of other vehicles without registering the cancellation of the cars with H.

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