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(영문) 부산지방법원 2014.02.17 2013고정6133
관세법위반
Text

A defendant shall be punished by a fine of 33 million won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant, while importing foreign goods at a price lower than the actual price, has evaded customs duties by reporting them at a price higher than the actual price, or has received permission, approval, recommendation, certification, and other conditions necessary for import under the laws and regulations with the knowledge that it is unlawful

1. Customs evasion;

A. (A) around November 27, 2009, through the Yangsan Customs office, customs clearance of 102 safe hats for the Switzerland in China. The actual price of the product was 5,207.5, but the actual price of the product was 1,261 U.S. dollars, and the difference was 3,946.5 U.S. dollars (the cost of the product was 4,604,816, the market price was 7,240,276 Won) with customs duties of 368,380 won in return for the false declaration as if it were 1,261 U.S. dollars.

1. In importing from around October 30, 2012 to around September 30, 2012, the customs duty amounting to KRW 41,938,690 on the aggregate of the customs duties imposed on the actual market price and the amount of import declaration (5,634,742 won at the market price) at KRW 338,945,231 (54,634,742 won);

B. (Attempted Crime) On October 23, 2012, when filing an import declaration of the price of Switzerland 49,320 US dollars 49,320 US dollars with C at a low price on October 23, 2012, the Plaintiff filed a false declaration of the price at a low price of 5,930.28 US dollars 43,389.72 US dollars (the cost of the goods is KRW 48,540,948, market price of KRW 76,322,244). Around November 13, 2012, the Plaintiff attempted to evade customs duties of 3,83,270 US dollars 43,883,270 (the cost of the goods is KRW 48,540,948, market price of KRW 76,244) with a view to returning them to Korea

2. Illegal income:

A. (B) Around November 27, 2009, the name of the product subject to safety certification under the Quality Control and Safety Management of Industrial Products Act was reported as “SINMING CAP” rather than the product subject to safety certification and was illegally imported without satisfying the import requirements.

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