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(영문) 인천지방법원 2014.02.21 2013고정4593
관세법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who has been in charge of the distribution and sale of imported fishery products while working as a regular business in D (Representative: E) established for the purpose of selling fishery products, etc. by importing fishery products, etc. in Incheon Jung-gu C 214.

No one shall ship and sell foreign goods without permission before an import declaration is accepted.

Nevertheless, on March 22, 2013, the Defendant brought the freight management number F in total 7,056kg of Japan, which was KRW 7,056k, into the 2 bonded warehouse of the Union, Inc., Ltd., which was located in Jung-gu, Jung-dong, Jung-gu, Incheon, to the second bonded warehouse of the warehouse of the Union. Around 11:46 and around 14:40 of the 23th of the same month, which was prior to the acceptance of the import declaration, partially KRW 800 kilograms (goods cost KRW 4,182,026), the market price was 6,81,117.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation, an appraisal statement, an import cargo/customs clearance information, and an import declaration certificate;

1. Application of the Acts and subordinate statutes to photographs following a CCTV closure;

1. Article 276 (2) 5 and Article 248 (3) of the relevant Act concerning criminal facts;

1. The former part of Article 37 of the Criminal Act among concurrent crimes, and Article 278 of the Customs Act;

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

1. According to Article 282(3) of the Customs Act, a public prosecutor to determine additional collection under Article 334(1) of the Criminal Procedure Act requires the Defendants to additionally collect an amount equivalent to the domestic wholesale price at the time of the offense of each of the instant goods.

However, Article 282 (2) of the Customs Act provides that "in the case of Article 269 (2) and (3) or 274 (1) 1, the goods owned or possessed by an offender shall be forfeited," and Article 282 (3) of the Customs Act provides that "in the case of forfeiture of all or part of the goods to be forfeited pursuant to paragraphs (1) and (2), an amount equivalent to the domestic wholesale price of the goods which cannot be forfeited at the time of offense shall be collected from an offender." According to the records of this case, the goods of this case are in violation of Article 276 (2) 5 of the Customs Act.

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