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(영문) 수원지방법원 성남지원 2018.02.21 2017고단2882

관세법위반

Text

[Defendant A] The defendant shall be punished by imprisonment with prison labor for ten months

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Defendant A is a person who, from March 2013, operates the Plaintiff Company B, a company importing and selling waste ship from waste ship from 1001 of the building D in Seongbuk-gu, Sungnam-si.

Where anyone intends to import goods, he/she shall report to the head of a customs office the name, standard, quantity and price of the relevant goods, and other matters prescribed by Presidential Decree, and in such cases, he/she shall not import goods without meeting requirements for permission, approval, recommendation, certification or other conditions necessary for the import or import in an unlawful manner

As the Defendant was faced with a shortage of supply from foreign customers who entered into an import contract for waste excreta, the Defendant had been willing to import waste excreta from the exporting country that did not obtain permission for import from the competent authorities by using the existing waste permission certificate.

around July 5, 2013, the Defendant imported waste excreta from the office of the above company, which had not obtained permission for import from the competent authority, and imported the waste excreta from the 'E' company located in the 'E' company with the permission for import of wastes, as if the Defendant imported waste excreta from the 'E' company with the 'E' company with the permission for import of wastes, and subsequently imported the waste excreta 60,000 g of the cost of the goods from that time until March 24, 2017, the Defendant denied the import declaration from that time until March 23, 2017, total of KRW 13,456,415,718 of the cost of the goods as described in the attached list of crimes.

2. Defendant B, at the time and place specified in the preceding paragraph, committed the above offense against Defendant A, who is the representative of the Defendant, in relation to the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. Statement made by the police with respect to F;

1. Application of Acts and subordinate statutes to accusations, final investigation reports (illegal import crimes), additional investigation and reporting;

1. Article 270(2) and Article 241(1)(2) of the Customs Act (the choice of imprisonment) are applicable to facts constituting a crime and subparagraph A of a sentence: Defendant B.