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(영문) 부산지방법원 2012.12.13 2012고정2898
관세법위반등
Text

Defendant shall be punished by a fine of 37 million won.

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

Reasons

Criminal facts

The defendant imported Chinese bedclothess, etc. from his trade name, Franchispab, Busan, and sells them in Korea.

1. The Defendant in violation of the Customs Act, even though he was well aware of the fact that it would be punished as a violation of the Customs Act if he evades customs duties by falsely lowering the price of the pertinent goods at the time of filing an import declaration, in order to secure the price competitiveness despite being well aware of the fact that it would be punished as a violation of the Customs Act. On April 29, 2009, the Defendant evaded customs duties equivalent to 1,205,150 won equivalent to 20,026 U.S. dollars by filing an import declaration with the Incheon Customs Office, notwithstanding the fact that the actual price was 30,058 U.S. dollars, while filing an import declaration with the Incheon Customs Office around April 29, 2009.

From that time until August 22, 2011, the Defendant evaded the total of 48,062,470 won of customs duties equivalent to the difference of US dollars 402,584 (Korean Won 474,117,098), by falsely reporting the price of imported goods to the head of Incheon Customs Office and the head of Busan Customs Office, such as the attached Table of Crimes (Elimination of Customs Duties).

2. In settling claims and obligations arising from transactions or acts between a resident and a nonresident in violation of the Foreign Exchange Transactions Act, if a resident who is not a party to the relevant transactions makes a payment, etc. with a nonresident who is a party to the relevant

On November 3, 2008, the Defendant paid 10,000 US dollars (the equivalent of 12,771,000 US dollars) to exporters in China, and transferred the goods to residents D who are not parties to a transaction without reporting to exporters in Korea. From that time to December 29, 2008, the Defendant paid the goods price, etc. to exporters in Korea from then on to December 29, 2008, and paid the goods price, etc. to exporters in China under the name of a third party as shown in the attached Table “Crimes List (Violation of the Foreign Exchange Transactions Act)” (the equivalent of 29,617,344 US dollars).

Summary of Evidence

1. Defendant's legal statement;

1. B, E company import records, A dispatch proceeds, details of the sending proceeds under the name of another person (F, G, H), details of the sending proceeds under the name of another person (F, G, H), details of suspicion of third party payment, and voltages;

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