The Court of Appeals reduced Phillip Morris’ fine for evading taxes for misrepresenting the price of Marlborough-L&M cigarettes from 1.2 billion to 121 million.
Today (2 June) at the Criminal Court, Ratchadaphisek Road Reporters reported that on June 1, the court read the judgment of the Court of Appeal in the black case No. Or. 185/2559 between the prosecutor, Special Case 4, as a plaintiff, filed a lawsuit against Phillip Morris (Thailand). Limited by Mr. Gerald Magolis, branch manager of Phillip Morris (Thailand) Co., Ltd., is the 1st defendant and eight of them for making a false statement of the import price of cigarettes. to avoid customs duties
The prosecutor sued the plaintiff, concluding that between July 28, 2003 – June 24, 2006, Phillips and their companies jointly imported Marlboro cigarettes (MARLBORO) and L & M brands. M (L&M) entered the Kingdom. and jointly make a false statement by fraud and intrigue by submitting the import declaration to the customs officer, the Customs Department, to pass the customs formalities. by declaring a false price that does not match the actual price to avoid customs fees This was a total of 272 offenses including the price of cigarettes plus the price of duties. avoided at all 20,210,209,582.50 baht (twenty billion two hundred and ten million two hundred nine thousand five hundred eighty two baht fifty satang)
In this case, the eight defendants to refuse to fight the lawsuit
The Court of First Instance considered and judged that the 1st defendant was guilty of the Customs Act BE 2469, Section 27. The action of the 1st defendant was a different offense. to punish every karma as an offense accordingly Penal Code Section 91 punishes a fine of 4 times the additional duty that must be paid for all offenses totaling 272, of which the count is 1,225,990,671.50 baht. If the 1st defendant fails to pay the fine, proceed according to Section 29 of the Penal Code, dismissing the plaintiff’s case for the 2nd defendant. 8
Subsequently, the plaintiff and the 1st defendant appealed.
The Court of Appeal ruled that the 1st defendant was guilty of Section 243 of the Customs Act B.E. 2560 (2017), giving the first defendant a fine of two and a half times the amount of duty. that must pay a total of 272 krathongs, for the amount of 121,578,788 baht and to pay bribes to the leaders, 30 percent of the fine accordingly Reward Act for the Suppression of Offenders, B.E. 2489, Section 8, paragraph one, in addition to the amendment to according to the verdict of the Court of First Instance