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(영문) 인천지방법원 2015.02.05 2014고단9183
관세법위반
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 5,00,000 won.

If the above fine is not paid, 100,000 won.

Reasons

Punishment of the crime

If it is intended to import goods, the name, standard, quantity and price of the relevant goods and other matters prescribed by Presidential Decree shall be reported to the head of the relevant customs office and shall not import the goods different from the relevant goods.

The Defendant intended to import and sell a dry dried at a low rate of 270% (rate 270%) in China by means of disguised the name of freezing chills, which is the low rate of duty (rate 270%). On December 9, 2014, the Defendant submitted a cargo manifest as if he/she imported 49,800 kilograms at the Incheon Customs office on the same date. On December 11, 2014, the Defendant attempted to import the dried 49,800 kilograms shipped into the D vessel departing from China’s Cheongdo, which was shipped into Incheon, and kept it as a bonded warehouse in Jung-gu Incheon, Jung-gu, Incheon, and then received and attempted to import the dried 288,000,000 KRW 49,800,000 from the domestic wholesale price to the bonded warehouse on the same day, but attempted to import the vessel as if it were imported in the customs clearance.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A H statement;

1. Statement of police seizure;

1. The report of investigation (comprehensive);

1. Request for accusation;

1. Application of Acts and subordinate statutes to information about the progress of customs clearance of imported/cargos, and detailed list of cargo;

1. Relevant statutory provisions concerning criminal facts and Articles 271(2), 269(2)2 and 241(1) of the Customs Act (Concurrent punishment by fines under Article 275 of the Customs Act in consideration of the circumstances before and after crimes, etc.)

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

1. Suspension of execution under Article 62 (1) of the Criminal Act ( comprehensively considering all the circumstances, such as the fact that the commission of a crime is attempted, the fact that there is no same record, and the fact that the commission of a crime and reflects on it);

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

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

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