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(영문) 서울중앙지방법원 2016.06.02 2015고단7779

관세법위반등

Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of ten months.

The Seoul Central District Prosecutors' Office, seized.

Reasons

Punishment of the crime

[2015 Highest 779]

1. Defendants’ violation of the Customs Act

(a) No person shall acquire, transfer, transport, keep, mediate or appraise the imported goods without filing a report on storage of smuggling tobacco in Defendant B;

Nevertheless, the Defendant, on November 2015, received a request from Cambodia to sell the tobacco sealed in Cambodia, and received the delivery of the smuggling tobacco 5,000, which was not imported from Cambodia, to a warehouse managed by GIST, and kept until December 3, 2015. < Amended by Presidential Decree No. 26879, Dec. 3, 2015>

(b) No person shall acquire, transfer, transport, keep, mediate, or appraise imported goods without filing a report on mediation of smuggling tobacco of Defendant A.

Nevertheless, on December 2015, the Defendant: (a) contacted I with the request from H for melting sealed tobacco; (b) made Defendant B purchase 5,000 smoke of sealed tobacco in custody; and (c) on December 3, 2015, on the front way of the Judicial Training Institute located in 197, U.S., Seoyang-gu, Seoyang-gu, Seoul, 2015.

It arranged the transfer of 250 million won worth of 500 million won of smuggling tobacco, such as Alley, to H.

2. The Defendants shall not operate tobacco import and sale business without being registered with the Mayor/Do governor who violated the Tobacco Business Act.

Nevertheless, in collusion with the Defendants without registering the tobacco import and sale business on December 3, 2015, at the front of the Judicial Research and Training Institute located in the 197-ro, U.S., Dong-gu, U.S. around 21:30 on December 3, 2015, Defendant A sought tobacco from Defendant B through I, and Defendant B was in their custody.

A. Around 200 500 Gad and other sealed tobacco market valueing to KRW 250,000,000, and sold it to H (A prosecutor added charges of “violation of Tobacco Business by Unregistered Tobacco Import and Sale Business,” as stated in the foregoing paragraph 2, to alternatively add the charges of “violation of Tobacco Business by Unregistered Tobacco Import and Sale Business,” and such added charges are entirely charged.

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