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(영문) 부산지방법원 2016.05.26 2015고단8454
관세법위반
Text

1. Defendant A shall be punished by imprisonment with prison labor for six months.

except that the sentence shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 24, 2015, Defendant A: (a) reported on April 24, 2015 to import 20km from Busan Central District to Busan Central District, Defendant A attempted to import approximately KRW 18,271,00,00 of the market price by mixing the customs duty rate of KRW 270 per km or KRW 6,210 per km and the rate of duty of KRW 27 km with the rate of duty of KRW 14 km in Korea; (b) Defendant A attempted to import 13,605.2kg (dried 5,945.7k-g for freezing, the freezing 87,659.5k-g for freezing) while importing 18,271,00,00 won with other goods; and (c) reported to import 5,945.7kg for each customs officer to import.

2. Defendant B’s in-house director of Defendant B Co., Ltd., committed such a violation with respect to the business of the corporation.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. A protocol concerning the examination of suspect by a part of the prosecution against the defendant A;

1. A protocol concerning the examination of some police officers against Defendant A;

1. A survey report, a written request for analysis, a response to analysis, a corporate profiling, a report on the commencement of the survey, and a report on the deferment of customs clearance;

1. A written accusation;

1. Seizure records;

1. The application of Acts and subordinate statutes to the investigation report (netly 190);

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Articles 271(1), 269(2)1, and 241(1) of the Customs Act; Articles 271(1), 269(2)1, and 241(1) of the Customs Act; the choice of imprisonment;

(b) Defendant B: Articles 279(1), 271(1), 269(2)1, and 241(1) of the Customs Act

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

1. The community service order (defendant A) under Article 62-2 of the Criminal Act;

1. The reason for sentencing of Articles 282(2) and 269(1) of the Customs Act (hereinafter “Defendant A”) was found to have been discovered when Defendant A, by deceiving the customs office, attempted to import the goods by mixing the goods with the goods with the goods of not less than 5 times the said goods with the goods of not less than 5 times the said goods. Despite the name of the amount equivalent to 37 million won, it is difficult to find out that the amount of customs duties that he attempted to evade to the extent of 600km and the amount of customs duties that he attempted to evade to the extent of 37 million won.

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