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(영문) 인천지방법원 2014.11.14 2014고정1901

관세법위반

Text

Defendant shall be punished by a fine of KRW 3,770,00.

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

Reasons

Punishment of the crime

The Defendant, under the trade name of “C” (formerly referred to as “D”), is a person who imports the electric massage machine from China, or manufactures and sells the electric marina machine in Korea.

No one shall import goods without meeting requirements for permission, approval, recommendation, certification, or other conditions necessary for import pursuant to Acts and subordinate statutes or upon meeting such requirements and conditions by illegal means.

Although the Defendant manufactured the E’s desire subject to the electrical appliances safety certification from the “F” operated by him in China, the Defendant applied for the safety certification as if he was manufactured in the “Zhejiang Hazh Hazh Halth Co., Ltd., and obtained the electrical appliances safety certification by unlawful means.

On December 13, 2011, the Defendant illegally imported 344 E (the product cost is KRW 95,262,141, and the market price is KRW 141,548,48,480) over a total of 40 times from around that time to January 18, 201, by preparing the electrical appliances safety certificate that was obtained by unlawful means as above, and then importing 344 E (the product cost is KRW 95,262,141, and the product cost is KRW 141,548,48,480).

Summary of Evidence

1. Partial statement of the defendant;

1. Investigation report (related to safety certification);

1. Application of Acts and subordinate statutes to the accusation place and related documents, C import records, electric massages, the details of import of bathing places, and bathing places;

1. Relevant Articles 270 (2) and 241 (1) of the Customs Act and the choice of fines for criminal facts;

1. Of concurrent crimes, the former part of Article 37 of the Criminal Act and Article 278 of the Customs Act (the provision on aggravation of restriction on concurrent crimes among Article 38 (1) 2 of the Criminal Act shall not apply, but the provisions on aggravation of restriction on concurrent crimes of fines shall be applied and each fine shall be imposed

1. The fines of KRW 500,00, KRW 25, and KRW 32 in regard to the number 30 years in order to determine the sentence of sentence, and fines of KRW 150,00 in relation to the number 25, and 19 times in order to impose fines of KRW 150,00 in relation to the number 19 times, and 70,000 in relation to the remaining order;

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

1. The order of provisional payment;