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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is registered as a mail order business operator in the name of "C" in the name of his spouse B, and sells visual, clothing, etc. in the Internet shopping mall D.
The name, standard, quantity, price, etc. of the relevant goods shall be reported to the head of the relevant customs office.
Nevertheless, on April 3, 2008, the Defendant imported the visibility equivalent to USD 159 from the United States for sale (the cost of goods is equivalent to USD 154,890) and imported shipping documents, such as the invoice, without filing an import declaration with the customs office as if the shipping documents were goods of USD 96, and imported the visibility into the Republic of Korea without filing an import declaration. From that time until June 5, 2009, the Defendant imported 1,917 points (the cost is KRW 464,636,441, the market price is KRW 539,961,00) for the purpose of selling at 1,867 times, as shown in the annexed list of crimes, from June 5, 2009.
Summary of Evidence
1. Police interrogation protocol of the defendant as to B's oral statement;
1. Printing out of the D website, printing out DNA information, details of list customs clearance, details of account transaction in B, information analysis report, details of card settlement, application of tax invoice Acts and subordinate statutes;
1. Article 269 (2) 1 and Article 241 (1) of the former Customs Act (amended by Act No. 10424, Dec. 30, 2010; hereinafter the same shall apply) applicable to the relevant criminal facts and the selection of punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62(1) of the former Criminal Act (Amended by Act No. 13719, Jan. 6, 2016);
1. Social service order under Article 62-2 of the Criminal Act;
1. Grounds for sentencing under the main sentence of Article 282 (3) and (2) of the former Customs Act;
1. Scope of punishment by law: Imprisonment with prison labor for not less than one month but not more than seven years and not more than six months;
2. Whether the sentencing criteria are applied: No sentencing criteria shall be set.
3. Determination of sentence: One year, by imprisonment;