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(영문) 서울중앙지방법원 2020.01.07 2019고단5661
관세법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the representative director of the Gangnam-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd., the purpose of which is online advertising services in the tenth floor, trade business, etc.

The name, standard, quantity, price, etc. of the relevant goods shall be reported to the head of the relevant customs office.

Nevertheless, on August 22, 2016, the Defendant did not report to the head of a customs office to reduce distribution expenses and facilitate the customs clearance procedures in China, and exported the total amount of KRW 61,65 (573,703,862), which is equivalent to KRW 424 8,508,00 for beauty art products, including ancientas, from August 22, 2016, through a small quantity carrier, who is called "E", which is called "E," which is in conflict with D, from July 5, 2018, the Defendant exported 61,65 (573,703,862) for 48 times, as shown in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning F and G;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 269 (3) 1 of the Customs Act and Article 241 (1) of the Act on the Selection of Punishment for Crimes;

1. Of concurrent crimes, Article 37 of the Criminal Act and Article 278 of the Customs Act [Article 38(1)2 of the Criminal Act excludes the application of the provisions on the aggravation of restriction on concurrence of fines, so the amount of fine shall be determined and added separately for each of the above crimes. Since the amount of the fine is reasonable by the specified ratio of the final price, including the value-added tax, the amount of the fine is determined at a certain ratio of the final price, the amount equivalent to 1.5% of the final price of the beauty art product exported for each of the above crimes is determined as a fine amount, and then such sum is 8,60,000 won (=a total of 573,703,862 x 1.5%

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

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

1. Penalty surcharge of 8,600,000 won to be suspended, and penalty surcharge of 573,703,862 won to be collected additionally;

1. Article 59(1) of the Criminal Act provides that the Defendant did not have a conclusive intent to commit each of the instant crimes and did not obtain any unlawful benefit, such as tax evasion, etc. in the course of committing the crime.

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