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(영문) 인천지방법원 2016.08.26 2016고단927

관세법위반등

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months, by 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 record] On February 26, 2015, Defendant A was sentenced to ten months of imprisonment for fraud at the Seoul Western District Court, and that judgment became final and conclusive on September 10, 2015.

[2] Defendant A is a person engaged in trade business including importing bicycle parts for about 20 years, and Defendant B is a person in charge of import duties in “G” and Defendant C is an operator of the above “G”, who imports and sells high-priced bicycle parts from Europe.

On February 2, 2011, when the Defendants imported high-priced bicycle parts from a bicycle business entity located in Europe, they left the Republic of Korea after converting the purchase price into oil and leaving the Republic of Korea after purchasing the bicycle parts in the Republic of Korea without filing a report thereon with the head of the customs office, enter the Republic of Korea without carrying the purchase price, or enter the Republic of Korea with the head of the customs office, or planned to import the bicycle parts in a way that they are delivered to the seat of G by using international mail, and accordingly, Defendant C instructed the import as the operator of G, Defendant B purchased goods in Europe and carried them into the Republic of Korea, and Defendant A, while entering the Republic of Korea with Defendant B, provided the specific method of foreign currency smuggling shipment and smuggling import.

1. To import goods in violation of the Customs Act, the name, standard, quantity and price of the relevant goods and other matters prescribed by Presidential Decree shall be reported to the head of a customs office;

Nevertheless, the Defendants conspired to import the bicycle parts in total of 204,701,758 won in total over 26 times as follows (Provided, That the Defendant A imported the bicycle parts in total of 97,745,495 won in total over five times). A. The Defendants entered the Incheon International Airport around May 25, 201 and carried the bicycle parts in total of 16,167,257 won in total without filing an import declaration.

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