특정범죄가중처벌등에관한법률위반(관세)
Defendant shall be punished by imprisonment for a year and six months and by a fine of KRW 593,902,840, respectively.
The above fine shall not be paid by the defendant.
Punishment of the crime
Any person who intends to import goods from any foreign country shall report the name, standard, quantity, and price of the goods concerned conscientiously.
피고인은 인천 동구 C에 있는 D 주식회사 운영자로, 2005. 10. 17.경 인천항을 통하여 위조 샤넬 손목시계 730점 등 별지 범죄일람표에 기재된 27개 품목 174,382점의 물품을 주물제품과 혼적하여 국내로 반입하면서 마치 ‘CAST IRON’ 단일제품을 수입하는 것처럼 허위로 수입신고하고, 2005. 10. 18.경 인천세관 제4지정창고에서 위 회사 직원 E를 통하여 위 물품들을 반출하여 수입하였다.
Summary of Evidence
1. Legal statement of witness F;
1. Part of each of the interrogation protocol of the defendant by prosecution against the defendant
1. Part of the second interrogation protocol of the defendant against the defendant
1. Part of the police officers and the interrogation protocol of prosecution concerning G
1. Statement to E by the police;
1. A criminal investigation report (explor, etc.);
1. A written accusation;
1. Storage certificates, each import cargo/customs clearance-related information, each import declaration, and photographs, etc. of specific goods;
1. Application of Acts and subordinate statutes on seizure records;
1. Article 6(2)2 and Article 6(6)2 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 10210, Mar. 31, 2010; hereinafter the same shall apply) on criminal facts; Article 269(2)2 and Article 241(1) [two times the cost of imported goods] of the former Customs Act (Amended by Act No. 10424, Dec. 30, 2010; hereinafter the same shall apply); Article 42(1) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 10259, Apr. 15, 2010; hereinafter the same shall apply];
1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation; Article 278 of the former Customs Act (amended by Act No. 9910, Jan. 1, 2010) (limited to imprisonment and imprisonment, the following conditions favorable to the reasons for sentencing shall be considered)
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Confiscation Customs Act, Law No. 10424, Dec. 30, 2010