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(영문) 대전지방법원 2020.01.22 2019고정1012

관세법위반

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is the representative director of C, a corporation, and C, a corporation, which imported electronic parts at the above location, and manufactures and sells finished products of the PB circuit design with equipment for SMT (the head of the surface of the printed circuit board).

Any person who intends to import parts of goods for sale in any foreign country shall file a report on matters prescribed by Presidential Decree with a customs office, including the name, standard, quantity and price of the relevant goods.

Nevertheless, on January 3, 2015, the Defendant imported 30 ICT integrated circuits, which are commercial parts imported by the said company for the manufacture of test prototypes, and imported 87 U.S. dollars from the said company without filing an import declaration for the purpose of undergoing regular customs clearance procedures, rather than the list customs clearance, since the said goods are not commercial samples for completed products, and imported smuggling by failing to file an import declaration for the purpose of undergoing regular customs clearance procedures. From around that time to March 31, 2019, the Defendant sealed the list without filing an import declaration for the total of 795 U.S. dollars 22,282 and 67,020 U.S. dollars as shown in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. A written report on the offender and a list of offenses;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article of the Act on Criminal Facts and Articles 269 (2) 1 and 241 (1) of the Act on the Selection of Punishment of Specific Crimes;

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

1. Articles 70(1) and 69(1) (1) of the Criminal Act (100,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. The suspended sentence under Article 62(1) and (2) of the Criminal Act and the suspended sentence under the former part of Article 49 of the Criminal Act provides that confiscation shall be imposed in addition to other punishment, and the confiscation shall be imposed in addition to the punishment. Thus, if confiscation is an additional punishment incidental to the principal punishment, confiscation and additional collection, which are additional punishment, shall also be imposed in the suspension of execution with regard to the principal punishment.