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(영문) 인천지방법원 2015.04.23 2015고단1002
관세법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who actually operates D and E, a business entity that imports and sells clothes in a well-known trademark, such as C.

Any person who imports goods from a foreign country and files an import declaration thereon shall not file a false declaration on the dutiable value, customs duty rate, etc. in order to affect the determination of the amount

Nevertheless, around March 15, 2010, the Defendant, at the Incheon Customs office, filed an import declaration (reported number G), 740 of clothes 76,31 won from the U.S. F company, and as if the actual price was 8,736,31 won, the Defendant evaded customs duties of 167,920 won for 1,291,71 won in the difference after reporting the low-price, and subsequently evaded customs duties of 167,920 won from that time until July 11, 2014, including those of 1,356,137,041 won in the total amount of clothes imported by the same 14 times in the same way, such as the list of crimes, from July 11, 2014, evaded customs duties of 980,369,294,080 won, which should have been reported as if the low-price were the causes for 980,294 won.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. The overseas trader’s list, such as the list of duty evasions H, the list of duty evasions I of the Overseas Trading Places, the list of duty evasions J of the Foreign Trading Places, such as the list of duty evasions J of the Foreign Trading Places, the list of duty evasions K of the Foreign Trading Places, the list of duty evasions, the list of duty evasions of the Foreign Trading Places F of the Foreign Trading Places, etc.;

1. A certificate of actual realization of imported goods;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to written appraisal;

1. Articles 270(1)1, 241(1) (Attached Table 1 to 43) of the former Customs Act (Amended by Act No. 10424, Dec. 30, 2010); Articles 270(1)1, 241(1) (Attached Table 4 to 144) of each Customs Act concerning criminal facts

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The fact that it is the first offense under Article 62 (1) of the Criminal Act, the confession of and reflects on the crime, the fact that it is necessary to faithfully pay the evaded customs duties, and the scale of the evaded customs duties, etc.

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