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(영문) 광주지방법원 순천지원 2020.07.23 2019고정493
관세법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 50 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 10, 2018, China divided parcels 150 km, 150 km, 75 km, 75 km, tobacco 30 km into 15 pieces around July 10, 2018, and then packages (10 km per smallpo, 10 km, 5 km, 5 km, 5 km, 5 km, 5 km, 200), and sent as international postal items for use by five persons, such as D, “A”, “E”, “F”, and “G,” and the Defendant sent 15 parcels, including those brought into the Republic of Korea through Busan International Customs Office, which are the Defendant’s dwelling, and then sent to the Nam-dong, Incheon.

Accordingly, in collusion with B, the Defendant imported 944,550 won of the cost of goods which is the purpose of sale (3,894,150 won at the market price) without filing an import declaration in such a way as to divide and bring in a total of 150 km, melting 75 km, Mago 75 km, tobacco 30 km as if they were self-used.

In addition, the Defendant conspired with B from July 10, 2018 to September 11, 2018, in collusion with B, imported 5,931,410 won of the cost (65,681,330 won at the market price) as stated in the attached list of crimes in the foregoing manner, and imported 2,530km, 1,265km, 1,265km of Mago, 506 smoke of Chinese tobacco in Korea.

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, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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