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(영문) 서울중앙지방법원 2017.11.24 2017고단5602
관세법위반
Text

Defendant shall be punished by a fine of KRW 21,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

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

The Defendant, without filing a report thereon with the head of the customs office on January 4, 2016, exported 22 cosmetics in the aggregate amounting to 2,056,345 won in the market price, including two kinds of 2,056,345 won, from among those in the name in Yangcheon-gu Seoul Metropolitan Government, to China by dividing them into two ems (international postal services), and exported them from that to March 24, 2016, respectively by sending 39,725,346 won in total, including in the list of crimes, from that time to March 21, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement made against the defendant in each protocol concerning the suspect interrogation of the police;

1. Entry in a written accusation;

1. Each entry in each protocol of seizure and the list of seizure;

1. The description of the written appraisal;

1. Article 16 of the Criminal Act regarding the assertion of the sites under each Act stated in MS response data, A-free shop purchase details, and copies of Chinese dispatch details shall not be punishable only when the misunderstanding of the facts that his act was not a crime under the statute was committed by the law.

“The purpose of the provision is not simply the legal site, but it is generally a crime, but it is true that it does not constitute a crime as permitted by the law in one’s own special case, and that it does not be punishable in a case where there is a justifiable reason to mislead it (see Supreme Court Decision 2001Do4077, May 17, 2002, etc.). As asserted by the defendant, the mere fact that the defendant did not know of the Customs Act is a crime under Article 16 of the Criminal Act.

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