관세법위반등
All appeals by the Defendants are dismissed.
1. Summary of grounds for appeal;
A. The sentence of the lower court’s sentencing (Defendant A: imprisonment of August 2; fine of 2 years, fine of 14.2 million won, and fine of 27.4 million won in case of Defendant B: the sentence of unfair sentencing) is too unreasonable.
B. Inasmuch as misunderstanding of legal principles (Defendant B), each of the instant customs offenses committed by Defendant B Co., Ltd. (hereinafter “Defendant Company”) and each of the offenses of violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment are concurrent offenses under the former part of Article 37 of the Criminal Act, even if the aggravated punishment for concurrent offenses by separately assessing fines for each of the offenses by applying Article 278 of the Customs Act, it should be subject to the aggravated punishment for concurrent offenses subject to the application of Article 38(1)2 of the Criminal Act, separately between each of the offenses of violation of the Customs Act and each of the offenses of violation of the
In other words, the court below determined the sentence of 10 million won for a violation of the Act on the Regulation and Punishment of Criminal Proceeds Concealment, and determined each customs law violation as 17.4 million won, and sentenced 2,61 million won for concurrent crimes by applying Article 38(1)2 of the Criminal Act (=17.4 million won x 1.5). However, the court below erred by misapprehending the legal principles of aggravated concurrent crimes by misapprehending the above-mentioned legal principles, which provided a sentence of 27.4 million won for concurrent crimes.
2. Judgment on the misapprehension of the legal principles of Defendant Company
A. The judgment of the court below on this issue is as follows.
Summary of the Judgment of the original trial
1. Article 37 (former part), Article 38 (1) 2, and Article 50 (Provided, That with respect to each violation of the Customs Act in the judgment, 17,40,000 won [3,20,000 won (71 times due to false declaration x 2,000 won) (16 times due to non-declaration x 200,000 won) calculated according to the above method in the case of a violation of the Customs Act in the judgment.