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(영문) 인천지방법원 2014.02.05 2013고단6285

범인도피

Text

Defendant

A shall be punished by imprisonment with prison labor for six months, and imprisonment with prison labor for ten months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On December 23, 2011, Defendant B was sentenced to two years of suspended sentence for a violation of the Customs Act by the Incheon District Court on December 23, 201, and the above judgment was finalized on December 31, 201, and Defendant A was sentenced to two years of suspended sentence for a violation of the Game Industry Promotion Act by the same court on December 15, 201, and the above judgment was finalized on December 23, 201.

【Criminal Facts】

E stays in China as the actual business owner of G, a corporation located in Jung-gu Incheon, Jung-gu, Incheon. On July 2, 2012, 2012, E transported 580 items, such as a forged Hyp mobile phone case, 50 items owned by the owner of the real owner of the real owner in his name, and electricity and 500 items, from China, and smuggling into the Incheon Headquarters Customs, and when crackdowns on the importation of them into the Republic of Korea, E, instead of the above real owner in his name, he was willing to undergo a customs investigation.

Defendant

B Upon receiving the order from E as an employee of the above company to “a person who will receive a substitute for customs investigation as to the above goods,” and then, around October 11, 2012, the Defendant asked the above company A to the effect that “A, who was aware of it at the above office, will be subject to a fine on the face of a fine later, after attending a customs office instead of the above goods and being investigated with the purport that the said goods are being closely imported by A,” and the Defendant A consented thereto.

Accordingly, Defendant A, even though he did not import the above goods, made a false statement to the effect that he was investigated as Defendant from the fact of the Incheon Headquarters Customs’s protocol located in the Jung-gu Incheon Metropolitan City Port Dong-dong on October 11, 2012, and Defendant B’s teacher and the special judicial police officer, etc. according to Defendant B’s teacher, stated that “the actual owner of the above goods is the actual owner of the above goods, if the above goods were imported closely.”

As a result, Defendant B, in collusion with E, made a false statement as if he was the owner of the smuggling as above, thereby committing a crime corresponding to a fine or heavier punishment.

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