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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Violation of the Customs Act;
A. The Defendant is the actual representative of C, a primary exporter, who violated the Customs Act by smuggling.
If it is intended to export goods, the item, 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 no goods shall be exported different from those on
Although the registration of cancellation for export of used cars must be made, the Defendant has taken the mind of being exported by altering the detailed statement of acceptance of export declaration on another motor vehicle already issued for export of stolen cars because it is impossible to cancel the vehicle.
On January 18, 2012, the Defendant received an export declaration (report number E) on a motor vehicle of the 1999-type ATOZ (number D) from the head of the Incheon Customs Office.
On January 28, 2012, the Defendant changed the part of the G container office located in Yeonsu-gu Incheon Metropolitan City by using computers to “the name of the goods traded” in the “name of the said export declaration,” and the part of “the model and specification” indicated as “the 199D” to “NF SOLA”, and the part of “the model and specification” to “the 199D” to “the model and specification,” with “209H,” and then exported the 11,690,000 Won of the market price through the Incheon Port.
In addition, from January 28, 2012 to May 31, 2012, the Defendant reported goods different from the export goods by altering the detailed statement of export declaration on a total of nine occasions, such as the attached Table 1 (Smuggling) from around January 28, 2012, and exported 14 vehicles with a heavy weight of KRW 164,960,00 in the market value.
(b) No one, from among those who have filed an export declaration by illegal exports, shall not obtain permission, approval, recommendation, certification, or other conditions necessary for export in accordance with Acts and subordinate statutes, or export by illegal means.