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(영문) 서울중앙지방법원 2012.12.17 2012고정5481
관세법위반
Text

Defendants shall be punished by a fine of KRW 8,000,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

Defendant

A is the representative director of B corporation with the office in the fifth floor of Songpa-gu building E, and Defendant B is a corporation with the purpose of export and import of medical devices.

1. No person who imports goods of Defendant A shall import goods without filing a false report or filing a false declaration on the dutiable value, tariff rate, etc. in order to affect the determination of the amount of customs duties;

Nevertheless, the Defendant filed an import declaration with H, on January 12, 2009, at Anyang Customs Office located in the king-si, and around that time, the Defendant filed an import declaration on the blood pressure (G) 528-year-old (G) imported from F, a subsidiary of China, from F, to H. In fact, the said goods were processed including parts raised in China in addition to the parts exported by the Defendant for processing, and thus, the actual unit price was 8,021 U.S. dollars but the actual unit price was 8,64 U.S. dollars but were 4,664 U.S. dollars and filed a false declaration, thereby evading customs duties of 187,80 won on the difference.

In addition, the Defendant, from that time until July 11, 2011, filed an import declaration on 176,818 points, such as blood voltages, etc., 192 times in total, as described in the attached list of crimes, and filed a report with the above method less than KRW 488,377,687, and was accepted, thereby evading the total amount of customs duties 39,067,910.

2. Defendant B Co., Ltd. committed an act of evading KRW 39,067,910 in total, as stated in the list of crimes, when and at the place specified in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Some statements in the suspect examination protocol of Defendant A by the prosecution;

1. Part of the police statements made to I, each of the police statements made to J and K;

1. Voluntary submission (the first time), records of seizure and the voltages No. 1 of the list.

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