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(영문) 인천지방법원 2015.11.19 2015고단5441
관세법위반등
Text

Defendant

A Imprisonment for two years, and Defendant B shall be punished by a fine of twenty thousand won.

However, the defendant A.

Reasons

Punishment of the crime

After the Defendant established both main import-sale chain Co., Ltd. in the name of the wife E and jointly operated it with the F (F, Korean name G), the Defendant is a person in charge of overall business in Korea, such as import clearance, domestic sales and receipts, and F is a Canadian citizen, who is in charge of purchase of goods abroad and settlement of payments, etc. in the above B.

1. In collusion with the above F, Defendant A submitted to the customs office a forged stamp stating a price significantly lower than the actual price in order to avoid high tax amounting to 155% of the total amount of taxes, including customs duties (20%) at the time of import of alcoholic beverages, liquor tax (72%), education tax (30%) and value-added tax (10%), and filed an import declaration at a low price. A reasonable amount of money difference between the actual amount of revenue and the reported amount of return was expressed to the Defendant’s bank account by carrying it in a foreign country and depositing it into the foreign seller’s bank account.

On November 28, 2013, the Defendant violated the Customs Act, in collusion with the above F, filed an import declaration of Nicker Tracker (12.1 liter/12 disease) purchased from the H company of Singapore at the Kimpo Customs office as I, and filed an import declaration of 1,096 p.m. total import price of 6 kinds 1,096 p.m., such as filing a declaration of 245 U.S. dollars per 12.26 U.S. dollars, but the actual import price of 1,096 p.m. was 142,332 U.S. dollars, which was 15,172 U.S. dollars, and filed an import declaration of 127,225,207 U.S. customs duties equivalent to 127,160 U.S. dollars, and filed an import declaration of 29365 U.S. dollars and 298.365 p.m. from that date.

(b) Any person who violates the Foreign Exchange Transactions Act shall have jurisdiction over the transfer and export of means of payment exceeding ten thousand U.S. dollars.

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