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(영문) 인천지방법원 2016.05.13 2016고정691
관세법위반
Text

Defendant shall be punished by a fine of KRW 15,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who imports and sells domestically a domestic franc cocks while running the business of individual entrepreneurs in Seo-gu, Gyeonggi-gu, Gyeonggi-do.

Any person who intends to import goods shall file a false report on the name, standard, quantity and price of the relevant goods, and other matters as prescribed by the Presidential Decree with the head of any customhouse and shall not file a false report on the dutiable value, tariff rate, etc. in order

On January 29, 2013, the Defendant: (a) imported on January 29, 2013, with the importation declaration number D; (b) from the name “SHUTTECK”; (c) “SHUTCECECEEEEED:78”; (d) the trademark name “ENTS404”; and (e) the quantity of 3,000TB (q. 6.9 but the actual unit price was 6.9 U.S. dollars; (b) reported to the customs office as if the price was 8,700 U.S. dollars; and (c) reported customs duties of 746,890 U.S. dollars equivalent to the difference of 75,000 U.S. dollars 275,000 U.S. dollars; and (d) reported 36 items on September 23, 2015, the actual customs value of 300 U.S. dollars 275,25015.757.257.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of confirmation of low-price declaration (C) and C actual price verification;

1. Application of Acts and subordinate statutes to a report on investigation (verification of Facts of suspicion);

1. Article 270 (1) 1 and Article 241 (1) of the Customs Act and the selection of fines for criminal facts, each of which is applicable to the applicable law and the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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