A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the representative of the cosmetic E located in Guro-gu Seoul Metropolitan Government, and F, the husband of the defendant, is a person who has a travel of Chinese tourists.

If the goods are exported, any person shall report to the customs collector such matters as the name, standard, quantity, and price of the goods.

Nevertheless, the Defendant, without filing a report with the head of the customs office on January 5, 2015, at the Yangcheon post office located in 117, Yangcheon-gu Seoul, Yangcheon-gu, Yangcheon-gu, Seoul. At the request of G residing in China, the Defendant: (a) provided 306 cosmetics of total market value of KRW 24,279,104, each of which was purchased at a duty-free shop in the city by a Chinese resident at a duty-free shop in the city; and (b) sent them to the place where the said G orders were given by dividing all of the 306 cosmetics of total market value of KRW 24,279,104 into 20, and (c) provided information on the said Chinese resident as a duty-free shop in the city, and (d) provided international special cargo boxes, etc., knowing the aforementioned facts.

The Defendant, in collusion with F, exported cosmetics from around that time to June 10, 2016 by the same method without filing a report with the head of the customs office on the total amount of KRW 2,382,276,032, as stated in the attached list of crimes, including the following: (a) the Defendant exported cosmetics from around that time to around 222 times.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes to the details of ems transport capacity, details of purchase of duty-free shops, details of cosmetic exports, details of ems international special transmission by post offices, and copies of AF account transactions;

1. Relevant legal provisions concerning criminal facts, Article 269(3)1 and Article 241(1) of the Act on the Selection of Criminal Penalties, Article 30 of the Criminal Act (Selection of Imprisonment)

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 282(2) of the Customs Act (Article 282(3) of the Customs Act) provides that if it is impossible to confiscate the exported goods, such confiscation shall be limited to the domestic wholesale price at the time of the offense of the goods which cannot be forfeited.