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(영문) 인천지방법원 2018.02.02 2017고정1352
관세법위반
Text

Defendants shall be punished by a fine of KRW 20,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. Defendant A is an employee of Jung-gu Incheon Metropolitan City, an importing company of agricultural and fishery products in Seoul, who is in charge of importing agricultural products and selling agricultural products in Korea.

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

Nevertheless, the Defendant attempted to bring in the Republic of Korea for sale of molds, but it was anticipated that it would be difficult to make profits because the rate of duty of the molds is high when the Defendant filed an import declaration with the customs house normally, and thus, he brought them into the Republic of Korea to sell them as if they were the multiple atmosphere.

Therefore, while importing the molds from D, located in the name of the Chinese Republic of Korea (state) B, the Defendant issued an order to make him/her as if he/she were in appearance by mixing them with water, and shipping them to E, which entered the Incheon port on January 24, 2015, and then filed an import declaration on January 28, 2015 (import declarationF), but it was found that the Defendant was in the name of the Chinese Republic of Korea due to the analysis of the ingredients of the customs house.

Accordingly, the Defendant attempted to import 95,106,000 won in red powder powder 15,720 km.

2. Defendant B, who is an employee of Defendant Company A, had the Defendant commit the same offense as that of the Defendant’s business.

Summary of Evidence

1. Each legal statement of witness G and H;

1. Investigation report (Investigation of Chinese exporters);

1. Notification of the completion of the classification work in the atmosphere of ancient cities;

1. Each written response to analysis;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Articles 271(2), 269(2)2, and 241(1) of the Customs Act;

(b) Defendant B: Articles 279(1), 271(2), 269(2)2, and 241(1) of the Customs Act

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A: The main sentence of Article 282(2) of the Customs Act 1.

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