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(영문) 춘천지방법원 2018.05.10 2017고단1298
관세법위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who sells fishing goods in the Internet homepage (E), Blogs, heavy countries, etc. while operating a mutual fishing store of "D" in Chuncheon in Gangwon-do.

When 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 a customs office.

Nevertheless, the Defendant, by taking advantage of the fact that the import declaration is omitted when the total amount of the imported goods is less than US$200 and the goods are recognized as goods for private use, was used for the purpose of customs clearance by using the name of the Defendant and his family members, which are commercial goods sold in the “D”, the website, and the second and second countries operated by the Defendant.

On June 26, 2014, through the Incheon Airport Customs Office on the above store and the Internet website, the Defendant was sealed by submitting a list as if he were self-used goods the amount of KRW 129,785, and the cost of goods was KRW 129,785. From that point to February 13, 2017, the Defendant and his family were tightly imported 133 times, such as the list of crimes (customs clearance) in the name of the Defendant and his family in the name of the Defendant and his family. From that point to December 13, 2017, the Defendant sealed 5,235 points for various fishing goods, and the cost of goods 27,038,472 won (market 42,460,782 won).

Summary of Evidence

1. Statement by the defendant in court;

1. The written statement of the defendant;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Application of Acts and subordinate statutes to accusation books, custody certificates, smuggling reports, copies of Internet shopping mall screen pictures, copies of Internet camera screen pictures, records of goods such as fishing goods, etc., copies of inquiries by mail order business operators, copies of data regarding information on mail order business operators, applications for the establishment of the Nong Bank, details of deposits, records of seizure and list of seizure, appraisal records, and appraisal records;

1. Article 269 (2) 1 of the Customs Act and Article 241 (1) of the same Act concerning facts constituting an offense and the selection of punishment.

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