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(영문) 인천지방법원 2015.01.08 2014고단8093
관세법위반
Text

A defendant shall be punished by imprisonment for one year.

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 a person who operates an indoor package shop.

Anyone who intends to export, import or return goods shall file a report thereon with the head of a customs office on the name, standard, quantity and price of the relevant goods and other matters prescribed by Presidential Decree.

1. On April 22, 2014, the Defendant: (a) entered the customs entry port of the Incheon International Airport on the first floor; (b) entered the Incheon Airport from the territory of the Republic of Korea to the territory of the Republic of Korea; and (c) entered the port of the Republic of Korea to the Incheon Airport; and (d) entered the port of the Republic of Korea with a point of view to 1,50,000 in the market price (standard 2737325) in the Republic of the Philippines, which was paid the debt payment from the friendly compulsory appearance D; and (b) brought the goods into the Republic of Korea without filing a report thereon with the head of the customs office on his hand

2. On May 15, 2014, the Defendant started from the customs entry port of the Incheon International Airport on the first floor and entered the Incheon Airport, and attempted to bring in the goods to a customs office without filing a report equivalent to 91,100,000,000 won (the total value of the goods is KRW 32,771,484,00,000 (the total value of the goods is KRW 49,320,892), and attempted to bring in the goods to a customs office without having filed a report thereon with the head of the customs office in excess of 15,00,00,00 won (the total value of the goods is KRW 8,274,70,892).

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. A written accusation;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on investigation reports (appraisal of illegal goods);

1. Relevant Article 269 (2) 1, Article 241 (1) of the Customs Act (the point of smuggling importation), Articles 271 (2), 269 (2) 1, and 241 (1) of the Customs Act (the point of attempted importation of smuggling) of the same Act concerning criminal facts, the selection of imprisonment for each sentence;

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

1. Article 62 (1) of the Criminal Act;

1. The fact that the defendant, on the grounds of sentencing of Article 282(2) of the Confiscation Customs Act, has led to confessions and reflects crimes, and all smugglings have been seized.

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