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(영문) 서울중앙지방법원 2013.10.23 2013고정4508
관세법위반등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant is a business director of B Co., Ltd. established for manufacturing business.

1. Violation of the Customs Act;

(a) Where it is intended to export, import or return any illegal imported 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 shall not import such goods by satisfying permission, approval, recommendation, certification or other conditions necessary for import by unlawful means;

Nevertheless, around December 18, 2008, the Defendant imported 100 US dollars 9,500 (13,666,035 won in total) in the Incheon Customs Import Declaration form D, which is equivalent to that of the Chinese E company, from the time of the importation of the E company’s products from February 19, 2008, the Defendant denied the amount of 6,90 US dollars totaling 65,930 US dollars (7,150,264 won in total) in total from February 19, 2013 as if the E company’s products were certified by illegal means, without undergoing the evaluation of the suitability of radio waves on broadcasting and communication equipment, etc. under the Radio Waves Act, and without undergoing the evaluation of the suitability of radio waves on broadcasting and communication equipment under the Radio Waves Act.

(b) Where the name, standard, quantity and price of the relevant goods and other matters prescribed by Presidential Decree are to be exported, imported or returned, such goods shall be reported to the head of a customs office and shall not be imported as goods different from those on which the relevant imported goods are reported

Nevertheless, around December 23, 2011, the Defendant imported the model number TF-500C products with fingerprint identification number 22,000 US dollars 22,00 as Incheon Customs Import Declaration F around December 23, 201, and the above model is a finished product manufactured in Chinese company, and thus, it is a finished product manufactured in Chinese company, and without obtaining separate certification, filed a report as if the product manufactured by domestic manufacturer was imported, and imported from that time until February 12, 2013.

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