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(영문) 광주지방법원 순천지원 2016.05.11 2015고단2250

관세법위반

Text

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

If the defendant does not pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

When any person intends to import goods, he/she shall report to the head of a customs office the name, size, quantity and price of the relevant goods, and other matters prescribed by Presidential Decree, and shall not remove goods reported by a storage place prescribed by the Customs Act

Nevertheless, the Defendant, in collusion with the head of the freezing warehouse B in order to cover import duties (27%) while importing Chinese freezings, decided to remove freezings before the import declaration is accepted.

On May 2, 2011, the Defendant imported 40 tons (cost 29,302,822, customs duty 7,911,761 won) of heavy domestic freezing 40 tons (cost 23,067,050 won (cost 14,236,983 won) at the market price, and taken 20,000 kilograms from the mining head of a regional customs office before the import declaration (D) was accepted by the mining head of a regional customs office, without permission, the Defendant carried 27,912,127 (cost 14,236,983) at the same time as the “crime sight list,” attached Form 14, 2012, and carried 327,92,967,764,767, domestic goods without permission, from the head of a regional customs office without permission, until January 14, 2012.

Summary of Evidence

Article 276(2)5 and Article 248(3)(mainly) of the Act on the Punishment of Customs Data concerning a crime subject to the application of customs law, such as a written accusation of the police statements written by the Defendant in the Defendant’s legal statement E and B related import clearance information document, and Article 70(1) and Article 69(2) of the Criminal Procedure Act concerning the custody of a fine for negligence at the option of a prison, Article 334(1) of the Act on the Provisional Payment Order