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(영문) 수원지방법원 평택지원 2016.10.13 2015고단1691

관세법위반

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the actual representative of C who imports Chinese kimchi.

When foreign goods are to be imported, the name, standard, quantity, price, etc. of the relevant goods shall be reported to the head of a customs office conscientiously.

Nevertheless, the Defendant, as if he imports low-rate kimchi (20%) at a customs office, had the intent to smuggling the construction of domestically domestically at high rates (rate 270%) as if he imports low-rate kimchi (rate 20%). On June 8, 2015, the Defendant imported, from China’s Cheongdo, the freight management number D (NonEL E) in fact, having been sealed in a kimchi resort and concealed in a kimchi resort, imported Chinese 2,400 g of China-China kimchi 2,400 g for China-China by submitting a cargo manifest to the customs office as if he was loaded in a container, and then was found to have attempted to open and open the customs clearance in the process of tight import of the cargo at the customs office 139,200,000 g for the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the detection of smuggling import with 24 tons in the dry field of the name of the deceased, the name of the deceased, and the smuggling import photographs;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Article 271 (2) and Article 269 (2) 2 of the Act on the Punishment of Criminal Crimes and the elective Customs Act (Selection of Fines);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 282 (2) of the Customs Act that is confiscated;

1. Taking into account the fact that a repeated crime was committed during the period of repeated crime for the same kind of offense for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, about one month, the fact that there is an opportunity to reflect during the period of detention, the fact that there is a family member to support, the quantity and market price of the smuggling, and