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(영문) 대구지방법원 서부지원 2018.10.30 2017고단2384
관세법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No one shall, when he/she intends to import goods from any foreign country, import goods without obtaining permission, approval, recommendation, certification or other conditions necessary for the import thereof in accordance with the relevant Acts and subordinate statutes or import goods by unlawful means.

The Defendant, while taking charge of the import declaration, etc. in the "D," located in Daegu-gun C, imported 'bolization for feed' from China. According to the Feed Management Act, etc., the Defendant shall report it to the Association of Feed and import it.

Nevertheless, on December 9, 2014, the Defendant imported (import declaration number: E) 44,00 km of 242,976,404 won (38,371 won at the market price of the offense) in total for feed of 41,280 km from around that time to March 3, 2017, without reporting to the Association of Feed (Be Pool Ploow). Furthermore, the Defendant imported (import declaration number: E) 18 times more than 2,460,984,965 won (3,860,42,249 won at the market price of the offense) for feed of 41,280 km as stated in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A copy of the investigation instruction, publication, and publication of the suspicion of non-edible agricultural and fishery products, 4 copies of D company profiling, 1 copy of D company's violation of the Customs Act, 1 copy of D company's F representative, 1 copy of D company's remittance details, 5 copies of D company's investigation results, 5 copies of D company's investigation results, 1 copy of D company's identity certificate, 5 copies of D company's registration records, 7 copies of L company's official document, 7 copies of L company's rice sales register, etc., 7 copies of L company's L company's registration related to mixed feed manufacturer's registration, 7 copies of L company's L company's L company's L company registry, 200 copies of L company's sales register, and one copy of the L company's list

1. Application of Acts and subordinate statutes of each investigation report;

1. Article 270 (2) and Article 241 (2) of the Customs Act and the selection of fines for criminal facts

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. A fine of three million won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act to attract a workhouse (100,000 per day).

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