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(영문) 의정부지방법원 2015.07.02 2015고정936
관세법위반
Text

1. The Defendants shall be punished by a fine of 6 million won.

2. When Defendant A does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation that runs trade business such as Jeondong, etc., and Defendant A is the representative director of Defendant B.

Any person who intends to import goods, shall file a declaration thereon with the head of any customhouse on the name, standard, quantity and price of the relevant goods and other matters prescribed by the Presidential Decree, and in this case, he shall not file a false declaration on a dutiable value in order

Defendant

A around November 23, 2010, when filing an import declaration of one electric vehicle in China through the Incheon Customs Office, as if the actual price was US US$ 3,020, A reported at low price and avoided customs duties of 59,440 US dollars 650, which is the difference, from March 27, 2014 to March 27, 2014, imported 49 Korean electric vehicles, etc. from around 20 times in total from around 20 times, and evaded customs duties of 260,43,140 US dollars 268,481 US dollars 260,481 on the difference between the actual transaction price and the import declaration price of 168,856 US dollars 260,43,140, respectively, and Defendant B failed to prevent the aforementioned act in advance as the representative of A from November 23, 2010 to March 27, 2014.

Summary of Evidence

1. Defendants’ respective legal statements

1. Seizure records;

1. The actual price, including domestic electric vehicles, and the details of low-cost declarations, the computer output output of the relevant import declaration, the details of remittance (ju) B, and the application of B import-related Acts and subordinate statutes;

1. Defendant A: Article 270(1)1 of the Customs Act, and Article 241(1)2 of the Act on the Punishment of Crimes (Selection of Fines): Defendant B: Article 279(1) of the Customs Act, Article 270(1)1 of the Customs Act, Article 270(1)1 of the Customs Act, and Article 241(1) of the Customs Act (Selection of Fines);

1. Of concurrent crimes, the former part of Article 37 of the Criminal Act and Article 278 of the Customs Act (Article 38 (1) 2 of the Criminal Act shall not apply, but Article 38 (1) 2 of the Criminal Act shall be calculated separately for each violation of the Customs Act

1. Determination of sentence = 600,000 won in total by a fine of 300,000 won for each violation committed; and

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