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(영문) 전주지방법원 군산지원 2017.09.20 2017고단869

관세법위반등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. Any person who violates the Customs Act shall be prohibited from customs clearance of commercial goods brought into Korea for sale by filing a simplified declaration on personal effects of a traveler by submitting a declaration, and shall not knowingly acquire or keep such goods;

Nevertheless, on June 6, 2017, the Defendant acquired commercial goods, which were brought into Korea for the purpose of sale under the name in the warehouse located in the Gunsan-si B for the purpose of sale, and kept them in the above warehouse for sale, after being aware of the fact that the sum of the costs of the goods in the 2,673,777 km of Korea, 70 g, 120 g, 120 g, 120 g, madne, 520 g, madne, 440 g, madne 375 g, 15 g, 25 g, and 2,673,777.

2. Where any person who violates the Food Sanitation Act intends to import foods, etc. for sale or business purposes, he/she shall file an import declaration with the Minister of Food and Drug Safety;

Nevertheless, the defendant, without reporting to the Minister of Food and Drug Safety, imported Chinese agricultural products as described in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A letter of inspection of seized agricultural products (request for quarantine) and an appraisal of articles;

1. Investigation reports (handling of articles in violation of regulations), investigation reports (the report on the destruction of seized articles 2,250 g);

1. Application of the Acts and subordinate statutes of accusation;

1. Article 274 (1) 1, Article 269 (2) 1 (a point of acquisition and storage of smuggling) of the relevant Act on criminal facts, Article 94 (1) 1, and Article 4 subparagraph 6 (a) of the Food Sanitation Act (a point of import without filing an import declaration);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (limited to a violation of the Customs Act following the acquisition of smuggling and a violation of the Food Sanitation Act);

1. Selection of each sentence of imprisonment;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant is punished by a fine due to a violation of the Food Sanitation Act.