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(영문) 인천지방법원 2017.04.14 2017고단1179
관세법위반
Text

A defendant shall be punished by imprisonment with prison labor for six months and by a fine of twenty million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who runs the business of importing and selling secondhand cars with the trade name of “C” from 108 of the first floor of the building underground in Bupyeong-si, Seocheon-gu B.

No one shall import goods without obtaining permission, approval, recommendation, certification, or any other condition necessary for import or with any other conditions attached thereto, or import goods by illegal means, and may not make a false declaration on the dutiable value, tariff rate, etc. in order to affect the determination of the amount of duty

1. In light of the fact that it is impossible to obtain self-certification under the Automobile Management Act, certification of exhaust gas under the Air Quality Conservation Act, noise certification under the Noise and Vibration Control Act, etc. in order to transfer residence of a foreigner or a national who has resided in a foreign country for more than one year, the Defendant, in violation of the Customs Act by illegal import, imported a used motor vehicle with the knowledge that it is impossible to import a used motor vehicle for which the production year has long, in which he imported a used motor vehicle from a foreign country and sold a used motor vehicle, he/she actually intended to import a used motor vehicle without obtaining the said certification, by using the provision that the said certification is exempted.

On July 12, 2012, the Defendant imported one of the used cars equivalent to KRW 2,656,097 in the cost of goods purchased in Japan from the Incheon Customs Office located in Jung-gu Incheon, Jung-gu, Incheon, and with the knowledge that the production year of the above used cars is long and thus, it cannot be certified. D, one of its own land, shall file an import declaration with the head of Incheon Customs Office as if he/she imported the above used cars as a director freight in Japan, without obtaining the above certification (E) and imported the above used cars in an unlawful manner, without obtaining the above certification, in the above manner.

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