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(영문) 인천지방법원 2018.10.25 2018고정1775
관세법위반
Text

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

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

Reasons

Punishment of the crime

On April 2017, the Defendant: (a) purchased sealed import-free tobacco brought into the Republic of Korea through the Incheon Port; (b) purchased tax-free tobacco purchased from each other in the vicinity of the International Passenger Terminal Parking Lot of Jung-gu Incheon, Jung-gu, Incheon; and (c) acquired tax-free tobacco purchased from each other on 50 occasions in the Republic of Korea near the International Passenger Terminal Parking Lot of Jung-gu, Jung-gu, Incheon; and (d) obtained tax-free tobacco 4,849 (A) from each other for 33 occasions in total, as indicated in the attached list of crimes (i.e., goods cost of KRW 9,012,650, and KRW 19,58,210).

Summary of Evidence

1. The defendant's legal statement (the third public trial date);

1. The application of Acts and subordinate statutes to accusation, a total list of seized articles, a seizure protocol (16 times a year), a photograph of seized articles, an investigation report (18 times a year), a discard protocol, an appraisal report, and an investigation report (73 times a month);

1. Article 274 (1) 1 and Article 269 of the Customs Act and the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Act, Article 278 of the Customs Act (the provision on aggravation of restrictions on concurrence of fines under Article 38 (1) 2 of the Criminal Act shall not apply, but the amount of fines shall be added up for each offense).

1. A fine of two million won for the decision of a sentence of sentence;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 282 (3) and (2) of the Customs Act:

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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