Smuggling Jade Escape Tax 10 million yuan

□ Pomegranate cloud/Xinjiang Legal Daily reporter Li Shouqun Correspondent Lai Yu Mei Mali

Escape from customs supervision, smuggled nearly 100 tons of jade raw materials at the low report, and the tax evasion reached more than 12 million yuan. Recently, Yili Prefecture Branch of the Autonomous Region Senior People's Court sentenced to smuggling the jade case together.

Retrospective

From 2017 to 2021, the defendant Shi Mou and the overseas partners were commissioned by the chairman to collect the jade raw materials acquired at 70-5500 yuan/kg abroad. Tax and fees collect customs clearance fees from jade merchants, and promise to transport jade raw materials from abroad to China. Shi Mou was transferred to Yimou with taxes and fees of 92.4-105.6 yuan/kg. It was imported from an agent from abroad to Chinese ports and transported to the destination.

In this case, the imported jade raw materials reached more than 97,000 kilograms. After the jade involved in the case arrived at the Chinese port, Yimou fictional international trade contracts and invoices were obviously lower than the actual transactions of jade. Sales. After being approved by the customs, the case fled a total of more than 12 million yuan in taxes, of which Yi Mou participated in smuggling and evaded taxes of more than 5 million yuan.

Judge

Article 153, paragraph 3 of the Criminal Law of the People's Republic of China stipulates: "Smuggling goods and items to escape the tax should be particularly huge or have other particularly serious circumstances. The amount of taxes should be paid by more than five times more than five times the amount of fines or assets or confiscated property. "

In this case, the defendants Shi Mou and Yi Mou made illegal interests, violated relevant laws, evaded customs supervision, and smuggled the raw materials for the price of jade in the country. Shi Mou and Yimou accepted the commission to help the owner to complete the smuggling of jade raw materials to enter the country, and played a secondary role in joint crimes.

After arriving at the case, the criminal facts were truthfully confession, voluntarily pleaded guilty, and proactively paid the fines.

Based on the above circumstances, the court sentenced Shi to five years in prison and fined 1.2 million yuan; I was sentenced to three years and six months in prison, and fined 500,000 yuan.

After the first trial was pronounced, they did not appeal.

Judge remind

Criminals take risks to make huge profits. By concealing prices, personal and car body hiding methods, jade is smuggled into the country, which seriously destroys the normal market economy order and cause huge tax losses to the country. In this case, the two defendants became the accomplices of smugglers and were eventually sanctioned by law. The gentleman loves the fortune, and you should get the way, and you should not see the fortune.

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