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(영문) 부산지방법원 2017.02.16 2016고정4041

관세법위반

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Any person who intends to export, import or return goods shall file a report thereon with the head of a customs office on the name, standard, quantity, price, etc. of the relevant goods.

1. On June 6, 2015, the Defendant: (a) imported 50 bitrain tobacco purchased from Cambodia by the Incheon Customs Office, without reporting, in order to individually consume or sell 50 bitrain tobacco.

In addition, the Defendant, from June 6, 2015 to December 11, 2015, attempted to import tobacco 392 smokes (domestic wholesale price: KRW 139,090,000) on five occasions, such as the list in the annexed crime list, from around June 6, 2015 to around December 11, 2015, without filing a declaration with customs office.

2. When the Defendant was discovered in the customs two times of tobacco smuggling, he left the Republic of Korea with Cambodia on December 16, 2015, with B and C, using C, with a view to pushing ahead with re-manufactured tobacco, and purchased 179 bits of tobacco at the local site of Cambodia.

After that, on December 21, 2015, the Defendant tried to incorporate the Efranchisive tobacco 91, which was purchased from Cambodia in the office of Cambodia around December 21, 2015, into the bags B, and to import smuggling (domestic wholesale price: KRW 7,664,400) without reporting, while the Defendant tried to import smuggling (domestic wholesale price: KRW 7,664,40).

Accordingly, the defendant, in collusion with B and C, attempted to import goods without filing a declaration, but failed to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A written appraisal;

1. The relevant product-based diversity;

(E) a statement on the calculation of the price list and the amount of offence against smuggling import;

1. Application of statutes on records of seizure and lists of seizure;

1. Article 269 (2) 1, Article 241 (1) and Article 271 (2) of the Act on the Protection of Criminal Crimes, Articles 30 of the Criminal Act, and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 282 (3) and (2) of the Customs Act:

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;