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(영문) 부산지방법원 2013.08.22 2013고단3098
관세법위반
Text

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 a person operating a “C” company that imports and sells Chinese bags in Busan Southern-gu.

1. The Defendant, on June 5, 2009, evaded customs duties of KRW 22,962,870 over 51 times in total, as shown in the attached Table 1 of the Crimes List, while importing more than 14,080 domestically domestically from the Chinese “BADING TIG TPPNP IMO COMP COMP COMTPP, and the actual price of the goods was USD 37,279, while the import declaration was made at the Busan Customs office, as if the price of the goods was US$ 26,48,00, at a price lower than the actual price, as if the price of the goods was reported at a price lower than US$ 26,48,00.

2. On January 29, 2013, the Defendant, through the Busan Customs office, imported 14,575 bags in China from the GGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGG,

Summary of Evidence

1. Defendant's legal statement;

1. A report on smuggling;

1. Each import declaration;

1. Details of suspicion of the evasion of customs duties;

1. Application of Acts and subordinate statutes on police seizure records;

1. Relevant Article of the Customs Act and Articles 271(2), 269(2)1, and 241(1) (the attempted import of smuggling) of the Customs Act concerning criminal facts, Articles 270(1)1 and 241(1) of the Customs Act (the point of evading customs duties) of the same Act and the selection of imprisonment for each sentence;

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 Criminal Act suspended execution (including the fact that the defendant has paid the full amount of tax additionally collected, such as customs duties, and confession and reflects his/her crime);

1. Article 282 (2) of the Customs Act that is confiscated;

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