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(영문) 창원지방법원 2015.01.09 2014고단2652
관세법위반등
Text

A defendant shall be punished by imprisonment for not more than ten 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 an actual operator of “D” that imports and sells Chinese lighting fixtures, and E (Suspension of Indictment on the same day) is the Defendant’s children, who is in charge of the business of importing and selling Chinese lighting fixtures in the above “D.”

1. Any person who violates the Customs Act shall, when he/she intends to import goods, file a declaration thereon with the head of a customs office on the name, standard, quantity and price of the relevant goods and other matters prescribed by Presidential Decree, and shall not file a false declaration on the dutiable value in order

The Defendant and E were willing to import China's China's Chinese lighting equipment to lower the customs duty return price than the normal purchase price in order to reduce customs duties.

Around November 15, 2010, the Defendant, in collusion with E, imported 785 domestic lighting equipment from the FF vessel entering into the broad-sea port, and subsequently avoided customs duties equivalent to KRW 67,44,311 in total from November 5, 2013, including: (a) the actual purchase price of the lighting fixture was KRW 35,342,940 (209,328), but was KRW 10,683,137 (9,516) as if it were 10,683,137 (9,516).

2. If a resident who violates the Foreign Exchange Transactions Act departs from Korea by carrying a means of payment exceeding 10,00 U.S. dollars, he shall file a report with the head of the competent customs

The Defendant, together with E, had the intent to depart from Korea by carrying at least 10,00 U.S. dollars at the time of departure to pay the difference between the actual purchase price and the import declaration amount, or the contract deposit for the production of Chinese lighting fixtures.

The defendant, in collusion with the above E, did not report to the head of the competent customs office on January 8, 201, and carried out US dollars 17,789.28 at the port of Busan Kimhae, from January 8, 201, to China, and as shown in Appendix 2 from that time until July 2, 2013.

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