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(영문) 인천지방법원 2017.01.12 2016고정3516
관세법위반
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who purchased age, key, etc. in the United States, etc. through Internet electronic commerce and sold it in Korea.

When it is intended to import goods, the name, standard, quantity and price of the relevant goods, and other matters prescribed by Presidential Decree shall be reported to the head of a customs office.

Nevertheless, the Defendant, based on the fact that the import declaration is omitted for the goods to be sold in the Internet carpet country, etc., was used by himself/herself using the name, etc. of the Defendant and his/her family members.

Therefore, on January 6, 2014, the Defendant imported 453 points, such as old, new, and clothes, from that time to April 1, 2016, from that time, under the name of the Defendant and his family members, etc., and 42,015,621 won of the goods (amounting to 68,429,216 won at the market price of the offense), without reporting to the head of the customs office, as indicated in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure and list of seized articles, and details of seized articles;

1. A summary of the list of customs clearances, printed out of the purchase screen of the above site of the year, printed out of the sales bulletin, and the domestic sales details of the list of customs clearances, and the A account transaction details;

1. A written appraisal of the Customs Act;

1. Application of statutes on details subject to additional collection in lieu of confiscation;

1. Article 269 (2) 1 and Article 241 (1) of the Customs Act and the selection of fines for criminal facts, each of which is applicable to the applicable law and the selection of punishment;

1. The former part of Article 37 of the Aggravation of Concurrent Crimes Act, Article 278 of the Customs Act (Article 38(1)2 of the Criminal Act does not apply to the aggravated provisions on the restriction on concurrent crimes of fines, but the amount of fines for each offense.

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