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(영문) 부산지방법원 서부지원 2019.02.15 2018고단997

관세법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

When the name, standard, quantity and price of the relevant goods and other matters prescribed by Presidential Decree are to be exported, imported or returned, such goods shall be reported to the head of a customs office.

Nevertheless, at around 06:30 on March 8, 2018, the Defendant was trying to enter the port of the Kim Sea located in Gangseo-gu, Busan, for 108 on the entry of the airport of Gangseo-gu, for the purpose of supporting living expenses, and without reporting 35,701,842 won (the product cost is 22,706,372 won) in total, 35,701,842 won (the product cost is 22,706,372 won) by hiding the bank or wearing the Defendant’s child, and passing through the X-ray search stand by the Defendant.

Accordingly, the Defendant failed to import the above goods without filing a declaration with the customs collector, and failed to bring about an attempted attempt.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. A written accusation, a report on investigation (Accusation), a copy of the consumer's personal effects report, a photographic materials of illegal goods, and an appraisal report on illegal goods;

1. Application of each statute on photographs;

1. Article 271(2), Article 269(2)1, and Article 241(1) of the relevant Act concerning criminal facts; selection of fines for negligence;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 282 (2) of the Customs Act to be confiscated;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is recognized and seriously against the defendant's wrong judgment, the first offender who has no criminal records, and the gold boom that the defendant attempted to import together is confiscated. Other factors leading to the crime of this case, the method and result of the crime of this case, circumstances after the crime, the age, character and conduct, environment, family relationship, and social relation, etc., are taken into account, and all the sentencing conditions stipulated by Article 51 of the Criminal Act are equally considered.