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(영문) 인천지방법원 2015.02.12 2014고정4218
관세법위반
Text

Defendant

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

Defendant

A.

Reasons

Punishment of the crime

Defendant

A is a person who is the actual representative of B Co., Ltd. located in No. 414, and Defendant B Co., Ltd. is a corporation that manufactures clothes and engages in wholesale and retail business at the above location.

1. In case where he intends to import goods of Defendant A, the actual market price of the goods concerned shall be reported to the customs collector; and

Nevertheless, in order to affect the determination of the amount of customs duties on imported goods, the Defendant had a mind to evade customs duties by filing an import declaration with customs office at a price below the actual market price.

Therefore, on March 27, 2013, the Defendant: (a) cleared Korea from the company "DALIN HUXIN UNDDDERS 4,000EA and PNIES 7,480EA through Incheon Customs office; (b) declared that actual transaction price was US$ 7,161.6 and 4,288.4, but declared US dollars 2,650.4 and 1,720.4; and (c) reported the difference in customs clearance by 4,511.2 (Korean US$5,72,753), and 2,568 (Korean US$2,87,63 won) to be imposed on customs duty; (d) KRW 659,450 and KRW 3757,470; and (e) KRW 375,470 and KRW 3759,4757; and (e) was evaded by the Defendant around 27,2017.365

2. Defendant A, the actual representative of Defendant B Co., Ltd., committed the above-mentioned violation with respect to the business of Defendant B Co., Ltd.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written accusation;

1. Article 270 (1) 1 and Article 241 (1) of the Customs Act; Defendant B corporation chosen to impose a fine: Articles 279 (1), 270 (1) 1 and 241 (1) of the Customs Act;

1. Since Article 37 of the Criminal Act, Article 278 of the Customs Act, Article 38 (1) 2 of the Criminal Act provides for a limited aggravation of fines for concurrent crimes (the defendant) and Article 38 (1) 2 of the Criminal Act, the amount of fines shall be set for each crime.

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