beta
Text
Defendant
A shall be punished by a fine for negligence of KRW 6,000,000, and by a fine of KRW 5,000,000.
The above fine is imposed against the Defendants.
Reasons
Punishment of the crime
1. Defendant A
(a) Where it is intended to export, import or return goods in violation of the Customs Act, the name, standard, quantity and price of the relevant goods and other matters prescribed by Presidential Decree shall be reported to the head of a customs office and no goods imported shall be acquired, transferred, transported, stored or mediated without filing a declaration;
Nevertheless, the Defendant: (a) intended to purchase and sell the sealed imported tobacco; (b) purchased the duty-free tobacco purchased from the Defendant’s house on April 27, 201, from the Defendant’s house of 12 Dong 403 to 403, without filing an import declaration with the head of the customs office; and (c) knowingly purchased the duty-free tobacco amounting to KRW 1,178,000, such as the “Eradical Industry”, with the knowledge of the fact that it was an sealed imported tobacco carried into the Republic of Korea without filing an import declaration; and (d) sold the duty-free tobacco totaling KRW 44,679,00,000 from around that time to December 22, 2013, as indicated in the attached Table 1, all of which were 45 times as listed in the list of crimes.
Accordingly, the Defendant acquired tax-free tobacco, which is a smuggling imported product.
(b) A person who intends to operate a retail business of tobacco in violation of the Tobacco Business Act shall obtain designation as a retailer from the head of a Si/Gun/Gu having jurisdiction over the location of the place of business, and a person other than a retailer shall not sell tobacco
Nevertheless, the Defendant, without being designated as a retailer from April 27, 201 to December 22, 2013, operated a tobacco retail business by selling free tobacco equivalent to the sum of KRW 44,679,00, such as the “Edical Wage”, to those who are not aware of the name of the said Defendant’s residence.
2. B
(a) Where it is intended to export, import or return goods in violation of the Customs Act, the name, standard, quantity and price of the relevant goods and other matters prescribed by Presidential Decree shall be reported to the head of a customs office and the imported goods shall be acquired, transferred, transported and stored without filing a declaration thereon;