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(영문) 서울중앙지방법원 2016.06.10 2014고정3846
관세법위반등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates E in Dongdaemun-gu Seoul Metropolitan Government D.

When it is intended to export, import or return goods, the name, standard, quantity and price of the relevant goods and other matters prescribed by Presidential Decree shall be reported to the head of a customs office, and matters prescribed by Presidential Decree shall not be reported or falsely reported at the time of filing such declaration.

Nevertheless, in the course of operating the above E, the Defendant filed a false report on the export volume or the trade name, etc. of the owner of the exported goods to Japan on January 6, 2013, including the difference in the export volume or false report, such as the name of the owner of the exported goods in the name of F, etc. from May 9, 2013 to May 29, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Export performance (E), each delivery letter, each invoice, and each E export date; and

1. Application of Acts and subordinate statutes to an investigation report (a copy of a protocol concerning the examination of suspect of G representative H);

1. Article 276(2)4 and Article 241(1) of the former Customs Act (amended by Act No. 12027, Aug. 13, 2013) on criminal facts

1. former part of Article 37 of the Criminal Act, Article 278 of the Customs Act (Article 38 (1) 2 of the Criminal Act shall not apply);

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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