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(영문) 인천지방법원 2019.05.23 2019고정414
관세법위반
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

When an export declaration of goods is filed, no goods shall be exported without meeting the requirements for permission, approval, recommendation, certification, or other conditions necessary for export in accordance with statutes or upon meeting such requirements and conditions by fraudulent means.

On May 10, 2015, the Defendant exported 13,00 g (the cost of goods is 15,197,753 won) from the date and time to May 9, 2017, the Defendant exported 1,35,680 g (the total amount of 1,746,573,100 g (the cost of goods is 15,197,753 won) of frozen original by-products, such as freezing duckss, meats, etc., which are subject to export quarantine under the Act on the Prevention of Contagious Diseases, from May 10, 2015, and exported the total amount of 1,35,680 g (the cost of goods is 1,746,573,100 g) of freezing original by-products, such as freezing duckss, fish duckss, etc., total of 38 times as indicated in the list of offenses

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. The export performance of D original by-products, requests for submission of data (in response to whether there was a result of export quarantine), F Tax Invoice for the original by-products, the details of the export declaration for D original by-products, and an appraisal report on D original by-products;

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

1. Relevant Articles 270 (3) and 241 (1) of the Customs Act and the choice of fines for 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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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