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(영문) 대구지방법원 안동지원 2016.10.14 2016고단250
담배사업법위반등
Text

[Defendant A] The defendant A shall be punished by imprisonment with prison labor for a year and six months and by a fine of 15 million won.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

1. Defendant A

(a) In cases of exporting, importing or returning goods in violation of the Customs Act, a report thereon shall be filed with the head of the relevant customs office on the description, quantity, quantity, quantity, and value of the relevant goods, and other matters prescribed by Presidential Decree, and shall not acquire, transfer

Nevertheless, the Defendant knew that the tobacco sold by sealed importers in name in the Incheon Coast Guard was imported without filing an import declaration with the head of the customs office as being brought in tobacco for export for export, which was exported to China, or collected from salvable tobacco free from the customs office. From November 10, 2015 to March 25, 2016, the Defendant sold approximately KRW 1,251,540,000 in total total of 12 kinds of tobacco, such as “Edar Art”, as indicated in the separate crime list, to around March 25, 2016, as shown in the separate crime list, to approximately KRW 507,405,00,000 in total, which is about KRW 1,251,540,000,000 in total market price of H building 202 in Jongno-gu Seoul Metropolitan Government.

Accordingly, the Defendant acquired and stored tobacco imported without reporting.

(b) Any person who intends to engage in the wholesale business of tobacco in violation of the Tobacco Business Act shall register with the Special Self-Governing City Mayor or the head of Si/Gun/Gu

Nevertheless, the Defendant did not register the tobacco wholesale business, from November 10, 2015 to March 25, 2016, operated a tobacco wholesale business by selling approximately KRW 1,251,540,000 of the total market price of 12 kinds of tobacco, such as “Eradar,” which was closely imported from a person who was not injured in his/her name, in the coast wharf located in the Jung-gu Incheon Metropolitan City, from around November 10, 2015 to March 25, 2016.

2. Defendant B is a person who operates a distributor with no trade name in I at the time of permanent residence.

In order to export, import or return goods in violation of the Customs Duties Act, the description, quantity, value and value of the goods concerned.

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