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(영문) 부산지방법원 2017.08.07 2016고단2651
관세법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

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.

However, on November 25, 2014, the Defendant, at the Busan Customs Office around Busan on November 25, 201, Kuoko

In order to sell 16 points such as Japanese miscellaneous goods purchased in car, etc. in Internet shopping mall operated by oneself without reporting.

In addition, from November 25, 2014 to December 4, 2015, the Defendant was aware of and attempted to import smuggling, without filing a report with customs, at KRW 1,157 (the cost of goods: KRW 65,375,989, and the market price of the offense: KRW 103,355,502), such as the Japan’s Japan’s Japan, in the same way as indicated in the attached crime list.

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. Investigation report;

1. A written accusation;

1. Each protocol of seizure and the list of seizure;

1. Details of printed material on the screen of the suspected company, such as the Internet car page of the Internet, mail order distributor inquiries by the Fair Trade Commission, entry into or departure from Korea, printed material on the suspected company's local purchase schedule, the comprehensive details of sales of NAV shopping mall by the suspected company, C account transactions, details of deposits, details of deposits, and list of reasons for deposits, and sales list of B company's smuggling imported goods;

1. Application of Acts and subordinate statutes to the screen and tightly fix photographs after each closure;

1. Article 269 (2) 1, Article 241 (1) and Article 271 (2) of the Customs Act, the choice of punishment for an offense, and the choice of punishment for an offense, respectively;

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

3. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the grounds that there is no record of crime, except for a punishment imposed as a minor fine for a crime of this type).

4. The main sentence of Article 282 (2) of the Customs Act to be confiscated;

5. The main sentence of Article 282 (3) of the Customs Act.

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