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(영문) 서울서부지방법원 2017.06.09 2017고정243

관세법위반

Text

A defendant shall be punished by a fine of KRW 5,950,00.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who imports and sells golf products, such as showers, drat, etc., from Japan, with the trade name of “B”.

The name, standard, quantity, price, etc. of the relevant goods shall be reported to the head of a customs office when he/she intends to import goods.

Nevertheless, on May 29, 2015, the Defendant imported a total of 363,660 won from Japan for sale, without filing a report thereon with the head of the customs office, from around August 17, 2016, the Defendant imported a total of 561 points (107,244,120 won of the cost of the goods) for sale on 119 occasions, including importing a total of 363,660 won from Japan without filing a report with the head of the customs office in the way of international mail (Ems) as if it was used by himself.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by special judicial police officers against C;

1. Written statements of D;

1. Application of Acts and subordinate statutes of a criminal investigation report, including a written accusation, B screen, B screen, B international mail reception details, remittance details, entry and departure details, pressure Nos. 1 (e-mail data requesting a correction of the price of goods), 2 (data related to importation, e-mail signs, etc.), tension No. 3 (data related to domestic sales), A’s account sales proceeds, and application of a criminal investigation report;

1. Article 269 (2) 1 and Article 241 (1) of the Customs Act and the selection of fines for criminal facts, each of which is applicable to the applicable law and the selection of punishment;

1. The former part of Article 37 of the Criminal Act, Article 278 of the Customs Act (Article 38 (1) 2 of the Criminal Act, instead of applying Article 38 (1) 2 of the Criminal Act, and the sum of fines for each offense of violating each Customs Act, shall be calculated separately (the sum of fines of 50,000 won x 119 times = the sum of fines of 5,950,000 won for each offense of violating each Customs Act);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 282 (3) and Article 282 (2) of the Customs Act;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;