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(영문) 수원지방법원 평택지원 2013.11.06 2012고합160
특정범죄가중처벌등에관한법률위반(관세)
Text

Defendant

B Imprisonment of 2 years and 6 months and fine of 2,725,913,298 won, Defendant A’s imprisonment of 3 years and fine of 2,725,913,298 won.

Reasons

Punishment of the crime

Defendant

B is a person operating AH, a company importing chemical medicine, and the defendant A is a director of AI, a company that manufactures and sells diesel additives, etc., and the AJ (Suspension of Prosecution on December 14, 201) is a person who operates AK, an export company of Malaysia, a transit exporter.

In order to export, import or return the goods, the description, specification, value, and other matters prescribed by Presidential Decree shall be reported to the head of the relevant customs office, and the Defendants may import them as goods different from the imported goods by reporting them to the head of the relevant customs office. However, according to the Petroleum and Substitute Fuel Business Act, only those who registered the petroleum export-import business with the Minister of Knowledge Economy may import them, and the traffic, energy and environment tax, education tax, and additional tax are added in addition to customs duties, while the lux oil (BAEOL) is not limited to the importer and taxes are not imposed on the importer, in fact, in order to report the import of lux oil to the head of the relevant customs office as if lux oil was imported while importing the light oil. Defendant B was in charge of a false bill of lading, commercial invoice, goods specification, etc. as if lub oil was loaded and delivered to the importer, Defendant A was in charge of the issuance of credit, the lease of oil storage tanks, customs duties, etc., and securing domestic sales places.

1. On September 24, 2011, the Defendants: (a) conspired to import smuggling at Pyeongtaek-si located in Pyeongtaek-Eup, Pyeongtaek-si; (b) in fact, after importing 1,995,316km via the AJ, submitted to the public official in charge of the transportation documents containing false facts as if he imported lub oil; and (c) completed import clearance of the imported goods and other goods (the cost of the imported goods 1,965,545,240 won, the cost of the goods 1,359,757,111 won, the volume of the goods 1,00,000 gg via Paragraph (2) of the criminal facts that led to the completion of customs clearance.

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