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(영문) 광주지방법원 순천지원 2020.07.23 2019고정494
관세법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 20 days shall apply.

Reasons

Punishment of the crime

When the defendant distributed international postal items to Korea as many individual purchasers of Korea use them for use in China, the defendant sent them to the Republic of Korea as if they were used by many individual purchasers of Korea, the defendant received them in a lump sum and sent them to C, etc. in Incheon.

On July 16, 2018, China: (a) divided parcels into two parcels (10kg, 10kg, 5kg, 5kg, 5kg, 10kg, 5kg, 5kg of the so-called “D” and “A” and sent two parcels to Korea through the Busan International Postal Customs Office, including one parcel brought into Korea and two parcels, such as the Defendant’s dwelling, were received in package from Jeonnam-do, E, F, and 10kg, and tobacco 4 boxes; and (b) sent them to Nam-dong Incheon Metropolitan City, which was known by B.

Accordingly, in collusion with B, the Defendant imported a total amount of 20 km, 125,940 won of the cost of goods (519,220 won at the market price) which is the purpose of sale, without filing an import declaration, by distributed and bringing in a total of 20 km, melting 10 km, 10 km, and 4 cigarette 10 km, as if they were for private use.

In addition, from July 16, 2018 to November 13, 2018, the Defendant, in collusion with B, imported 2,487,522 won (on a market price of KRW 10,216,07), 414 km, 180 km, 180 km, 78 domestic tobacco in Korea, as described in the attached list of crimes, in collusion with B.

Summary of Evidence

1. Defendant's legal statement;

1. Details of receipt of international postal items A;

1. A written appraisal;

1. Application of statutes governing Busan District Court Decision 2019 High Court Decision 179 High Court Decision;

1. Relevant Article 269 (2) 1 main sentence of Article 269 (2) of the Customs Act and Article 241 (1) of the same Act and the selection of fines for negligence concerning the crime;

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

1. Articles 70(1) and 69 of the Criminal Act for the detention of a workhouse.

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