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(영문) 대구지방법원 2013.11.07 2013고단5002
관세법위반
Text

A defendant shall be punished by imprisonment for four 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

The Defendant is an operator of the “C” that imports and sells emullous items, etc. in Daegu Suwon-gu B.

Where goods are imported from foreign countries, an import declaration thereon shall be filed with a customs office according to the actual transaction price of the relevant goods and the dutiable value, etc.

Nevertheless, on April 19, 2011, the Defendant: (a) filed an import declaration from Italy on April 19, 201 to 38 Import Declaration; (b) on April 19, 201, the Defendant evaded customs duties of KRW 402,460 equivalent to the difference of KRW 1,948 (originalized KRW 3,095,859); and (c) on April 19, 201, from April 19, 201 to June 29, 2012, filed an import declaration of KRW 2,595, such as the goods of Italy imported from Italy on April 19, 201, which was the actual market price of KRW 390,957, which was the actual market price of KRW 105,20,01, which was the difference; and (d) filed an import declaration of KRW 285,756,96,9615,515

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Copy of the police interrogation protocol concerning E;

1. A written accusation;

1. Copies of subparagraphs 27 through 142 of the voltages of F (G), C Import Results, details of evasion of customs duties 1, 2;

1. Application of Acts and subordinate statutes to the examination report (comprehensive investigation report);

1. Relevant Article of the Customs Act and Articles 270 (1) 1 and 241 (1) of the Customs Act, each of which is applicable to the crime;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that the defendant evades customs duties on several occasions, and there are circumstances unfavorable to the defendant, such as the fact that customs duties evaded are 50 million won or more, and that there is a considerable amount of money for the defendant to commit the crime, and that there is no same criminal history, etc., the defendant is favorable to the defendant. As such, all such circumstances are favorable to the defendant, such as the motive, background, means, and method of the crime in this case.

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