A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who operates a miscellaneous point within the D market (one named “E market”) of “C” in Busan and “G” in the Jung-gu, Busan.

When it is intended to export, import or return 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, and the imported goods shall not be acquired, transferred, transported, stored or mediated or appraised without filing any declaration thereon.

Nevertheless, the Defendant purchased, from among domestically produced tobacco for export, sealed the sealed tobacco imported into the Republic of Korea with a view to selling it, and acquired the tobacco imported without filing a report thereon with the head of the relevant customs office (23,000 won per piece), from the name defective, who was aware of the fact that the tobacco for export was imported without filing an import declaration with the head of the relevant customs office, with the knowledge that the tobacco for export was imported without filing an import declaration, the Defendant purchased the 161,000 won for the 161,00 won for the 160,000 won for the 160,000 won for the 23,000 won for each piece of tobacco (23,00 won for each page).

In addition, from around that time to March 16, 2018, the Defendant acquired total of KRW 133,150,000 (market price of KRW 248,368,300) and total of KRW 56,860 tobacco for export exported, as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused, and a protocol concerning the police interrogation;

1. Each investigation report and accusation;

1. Compared photographs of domestic sales tobacco, tobacco for export, and tax-free tobacco manufactures;

1. A written appraisal of illegal goods, a written appraisal result, etc.;

1. Application of Acts and subordinate statutes to the investigation report (comprehensive investigation result report);

1. Article 274 (1) 1, Article 269 (2) 1, and Article 241 (1) of the Customs Act applicable to the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Code.