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(영문) 부산지방법원 2017.05.10 2016고정3899
관세법위반
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the business of buying domestic duty-free cosmetics at duty-free shops in Busan Metropolitan City without a certain trade name on the level D and 2 Busan Metropolitan City, and exporting them to China.

Any person who intends to export or import goods shall accurately file a declaration with the head of the competent customs office on the name, size, quantity, etc. of the goods.

The Defendant, as indicated in the list of crimes committed by smuggling export, purchases foreign students and Chinese travelers, including E, from October 30, 2015 to December 17, 2015, at duty-free shops and new world duty-free shops in Busan, and send them to China, after purchasing goods of equivalent to US$ 1,696 points and US$ 78,451 at duty-free shops and new global duty-free shops.

In other words, when the duty-free cosmetics entrusted to the defendant are stored in the above place, and the above goods are exported to China simply through the special case of the post office international (Ems) during the period from November 20, 2015 to January 29, 2016, the customs law is violated by exporting them in disguised manner, even though they were actually cosmetics, such as toys, books, clothing, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records and list of seizure;

1. Application of the Acts and subordinate statutes of No. 1 and 2 of pressure cards, etc., to inquire into the details of the purchase of materials investigation photographs, A-to-door photographs, office photographs, office photographs, goods at duty free shops in the city, and international special transmission, A Nowon-art copies, post office Ems special international transmission, and the application of pressure cards No. 1

1. Article 269 (3) 2 of the Customs Act and Article 241 (1) of the same Act and Article 241 of the same Act, the selection of each fine for a crime, and the selection of each fine for a crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 282 (3) and (2) of the Customs Act:

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing of the Criminal Procedure Act include the accused’s age, sex, environment, motive, means and consequence of the crime, etc.

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