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(영문) 서울서부지방법원 2017.10.27 2017고단931
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

. The Defendant is the actual operator of the Category D (State) E (RepresentativeF) where the wife population is located at the time of the commission of the crime.

Any person who intends to export goods from a foreign country shall file a declaration with the head of the relevant customs office on the name, standard, quantity and price of the relevant goods, and other matters prescribed by Presidential Decree, and shall not export goods after filing a declaration thereon with the relevant goods.

Nevertheless, the Defendant: (a) received a request from H, G operator in New Zealand (Death January 13, 2016) to request smuggling export; (b) in collusion with H, reported as if the Defendant exported I to Busan customs office; and (c) was able to export the Republic of Korea cattle in a way of exporting Ibox to the G operator in the Republic of Korea.

On October 15, 2014, the Defendant reported in collusion with H that the export declaration number J (name: I, 355 ML*24, volume 950CT) would be exported to G in Ireland, but actually exported Eslives (US$ 25,200) equivalent to 90CT from that time to October 7, 2015, the Defendant filed a false report as if the Defendant exported J over 10 times in total, and filed a false report as if it were exported on October 9, 480 CT (27,520 CT) US$31,520 ($ 34,386,528,528).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the laws and regulations, including an accusation, an investigation report (No. 16, 28 of the evidence list), and each accompanying document;

1. Relevant legal provisions concerning criminal facts, Articles 269(3)2 and 241(1) of the Act on the Selection of Criminal Penalties, Article 30 of the Criminal Act, and the choice of imprisonment;

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 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 282 (3) and Article 282 (2), and Article 269 (3) of the Customs Act:

1. The fact that the sentencing of Article 334(1) of the Criminal Procedure Act is erroneous, the fact that only a person who was sentenced to a fine due to a different type of crime has the record of being sentenced to a fine, and the circumstances leading to the crime.

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