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(영문) 수원지방법원 평택지원 2017.06.26 2017고단349
관세법위반
Text

A defendant shall be punished by imprisonment for six 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

Punishment of the crime

If it is intended to import goods, the name, 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 act of acquiring, transferring, transporting, keeping in custody or arranging the goods on which no declaration has been filed shall be conducted

On January 16, 2017, the Defendant acquired 53,478,324 won in total at the market price, including 2,2,213: (a) tobacco, 2,213, A (around 1,563, A; 70; 58,324 won in total, for the purpose of sale, from 40 to 50, as seen otherwise, for the purpose of sale, the Defendant acquired 53,478,324 won in total from “40-50,” each of which was possessed by the Defendant, from the International Passenger Terminal (around 16, 201, 115 C, 17, and 103, 107, and Liice Liice 21, 201).

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation and a certificate of custody;

1. Application of Acts and subordinate statutes to the protocol of seizure, list and appraisal;

1. Relevant Article of the Act and Articles 274 (1) 1, 269 (2) 1, and 241 (1) of the Act on the Selection of Criminal Crimes (or Selection of Imprisonment with prison labor);

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

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Reasons for sentencing under the main sentence of Article 282(2) of the Confiscation Customs Act: The crime of this case not only disturbs the distribution structure of imported agricultural products, encourage tax evasion, etc., but also is deemed to be weak in light of the size of goods, etc.;

The sentence shall be determined as ordered by comprehensively considering all the circumstances revealed in the case, such as the defendant's age, sexual conduct, environment, family relationship, motive and circumstance of the crime, health condition, etc., which are favorable to the fact that there is a same criminal record and one time (the fine of 2015): The fact that there is no record of being punished exceeding the fine, and there is no record of being punished.

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