beta
(영문) 인천지방법원 2014.08.29 2014노290

관세법위반

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. In light of the statements, etc. made by F in the court below at the court below, the court below erred by misapprehending the fact that the court below acquitted the defendant, despite the fact that F was fully aware of the fact that the goods listed in the separate list of crimes were imported closely from China.

2. Determination:

A. The Defendant of the instant facts charged is a person who mainly engages in the business of delivering goods brought from China to the importing shipper, residing in Seo-gu Incheon Metropolitan City C or 101 and without a certain occupation.

Although acquiring, transferring, transporting, storing, arranging, or appraising sealed imported goods, the Defendant acquired and stored them by means of selective distribution, etc. with knowledge of the fact that main goods, such as ice rates in China, and misunderstandings, imported goods, etc. imported from China, from China, while having knowledge of the fact that they are goods imported from the e-mail, etc., leading to delivery to the E- workplace that ordered the above main goods. On January 15, 2012, the Defendant acquired and stored the main goods, such as the domestic percentage from the e-mail, etc. to the E- workplace, and delivered them to the E- workplace by way of delivery or delivery of the main goods, such as the domestic percentage from the e-mail to March 30, 2012 as indicated in the attached list of crimes (hereinafter referred to as “D”). From that time, the Defendant acquired and stored them by way of double-domestic goods, 22,189, 1298, 398, 197, 1987, 1987, 197,7.

B. The lower court determined that the Defendant’s protocol of interrogation of the Defendant prepared by a special judicial police officer, consistent with the facts charged in the instant case, was inadmissible as the Defendant denies its content in this court, and investigated the Defendant’s criminal facts in violation of the Customs Act.

참조조문