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(영문) 인천지방법원 2016.11.24 2015고단6190

관세법위반

Text

A defendant shall be punished by imprisonment for one year.

51,840,000 won shall be additionally collected from the defendant.

The provisional payment of the above additional collection charge shall be ordered.

Reasons

Punishment of the crime

When a person intends to import goods, he shall report to the customs collector the description, specification, quantity, price, etc. of the relevant goods

On March 209, 2009, the Defendant received proposals and consented to the importation of drilling, etc. in China, and the Defendant and the above B play a general role in managing the smuggling, and D classified them from the warehouse when they are transported to the warehouse due to the smuggling, and conspired to dispose of them to the above B and the person designated by the Defendant.

The Defendant offered to E a proposal that “to provide for KRW 100,000 or KRW 1.5 million per month by leasing a warehouse to classify smugglings in China, etc.” The Defendant leased for two months, around March 9, 2009, a warehouse of 106 in Kimpo-si F.

After that, on March 11, 2009, the defendant concealed a large weight of 197.2 tons from China through Incheon port, and brought into the SDR warehouse of Jung-gu Incheon, Jung-gu, 95-4, the defendant received the above goods in the above D, E, G, and H, and disposed of the volume of 2 tons, 1.2 tons, 3 tons, and 1.2 tons, after being transported from the above warehouse.

Accordingly, the Defendant conspiredd with the above B, etc. to import the 51,840,000 won of the market price.

Summary of Evidence

1. Examination protocol of suspect E by the prosecution;

1. Each prosecutor's statement to I and J;

1. Each police interrogation protocol against the accused;

1. An interrogation protocol of police officers regarding E or D;

1. A written accusation;

1. Application of the Acts and subordinate statutes governing forwarding cases;

1. Relevant Article of the Criminal Act and Articles 269 (2) 1, 241 (1) and 30 of the Criminal Act concerning criminal facts;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order was that the instant crime was planned and organized.