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(영문) 부산지방법원 2017.07.07 2017고단1778
관세법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

190,133,695 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

No person shall acquire, transfer, transport, keep, mediate or appraise imported goods without filing a declaration.

Nevertheless, the Defendant (hereinafter “C”) knowingly acquired 6.2 tons (or 75,43,540 won at the market price) from D and acquired from the warehouse located in Chungcheongnam-gun E, and then acquired 15.5 tons in the middle of September 2015 in total at the market price of 190,133,695 won at a total of three times, as in the last day of April 2015.

[Attachment Table of Crimes] The summary of evidence of the following: "4.65,575,15 (34,216,654) on August 5, 2015: "4.658,125,00 (35,154,154, 150) on September 3, 2015, in total 190,50,53,695 (42,589,94,948) on May 195, 190,5.13,695 (4,589,948,948) on September 1, 2015:

1. Statement by the defendant in court;

1. A copy of the protocol concerning the interrogation of a suspect with special history to D, or the protocol concerning the interrogation of a suspect (four times), the protocol concerning the interrogation of a suspect by a public prosecutor to the public prosecutor, copy of the protocol concerning the interrogation of a suspect by a public prosecutor to the public prosecutor to the F, copy of the protocol concerning a special history to G, H,

1. Application of Acts and subordinate statutes to each photograph/cinematographic output, details of deposit transactions, investigation report (netly 14, 23), accusation, appraisal report, and appraisal report;

1. Article 274 (1) 1, Article 269 (2) 1, and Article 241 (1) of the Customs Act (or choice of imprisonment with prison labor) concerning facts constituting an offense;

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 282(3) and Article 282(2) of the Customs Act, including the frequency, period, price, size, and D, who is an accomplice, was sentenced to imprisonment for three years due to the instant crime, etc., even though there was a previous conviction of the same type of suspended execution, so it is difficult to cut off the tolerance permitted by the Act, and the Defendant intended to conceal the original crime and destroy the evidence.

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