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(영문) 인천지방법원 2017.05.10 2017고단1367
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

When it is intended to import goods from a foreign country, 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 shall not import goods different from the relevant imported goods

Nevertheless, around April 14, 2015, the Defendant imported Chinese red powder (270%) 22,000 km (cost of goods 29,075,200) from China via the Incheon Port from China, and attempted to import the above high rate of duty in the above red powder. In order to avoid the application of the above high rate of duty to the above red powder, the Defendant was found to have attempted to import the above red powder by mixing the above red powder 22,000 g and 100 g of 12,000 g and 26,000 g of 1,000 g of 26,000 g and loaded in the container by preparing and filing a false import declaration as if it were MIXD SAS SING.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written accusation;

1. Requesting a person to file a criminal charge against him/her for the purpose of a disguised entry into the atmosphere of the Republic of Korea, and reporting the situation and trends attached thereto;

1. Seizure records;

1. Application of Acts and subordinate statutes to advices on the results of analysis, import agency contracts, and appraisal reports;

1. Relevant legal provisions of the Act and Articles 271(2), 269(2)2 and 241(1) of the Act on the Selection of Criminal Crimes (or Selection of Imprisonment with prison labor);

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;

1. The reason for sentencing under Article 282(2) of the Act on the Punishment, etc. of Specific Crimes is not good in the course of committing the instant crime, in which the Defendant attempted to import a large quantity of domestic and domestic red powder in Korea by using an unlawful method to avoid high rates of customs duties in order to avoid the high rates of high rates of customs duties, despite the fact that the Defendant had a history of identical crimes at one time, and attempted to import a large quantity of domestic red powder in Korea. However, the Defendant’s crime was committed in advance.

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