A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On June 22, 2010, the Defendant was sentenced to imprisonment with labor for a violation of the Customs Act at the Busan District Court on November 8, 2010, and the above sentence became final and conclusive on November 8, 2010.

On January 18, 2010, the Defendant: (a) called “D office” in the Defendant’s operation “D” office located in the Jung-gu Busan metropolitan building 301; (b) made a false statement to the victim E, by telephone, that “an amount of KRW 1206,00 million equivalent to KRW 120,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.

However, the fact is that the defendant was released from a bonded warehouse around December 24, 2009 and was sealed in the process of the entire fishery products inspection, which had been kept in a bonded warehouse, and the defendant was required to receive a decision of failure to pass the inspection and return or dispose of all of the goods to China.

The defendant acquired 60,310,000 won from the victim to the bank account of the defendant on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Notice of goods seized by customs house, copy of passbook, contract, and nonconformity notice;

1. Previous records: Application of inquiries into criminal records, etc., investigation reports (verification of attachment of judgment on related cases, confirmation of the date of release from the court, and current status of personal identification and confinement);

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under the latter part of Article 37 of the Criminal Act and Article 39 (1) of the same Act;

1. The scope of recommendation types based on the sentencing criteria and the basic areas of types of general fraud (less than 100 million won): Imprisonment with labor for not less than six months from June to June;

2. There is no penalty as to whether to suspend the execution, but the Act on the Acceptance of Crimes.