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(영문) 부산지방법원 2018.07.11 2016고정3895
관세법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a Chinese national student who engages in the business of purchasing domestic duty-free cosmetics at duty-free shops in Busan Metropolitan City, without trade name, at the office located on the 2nd floor and exporting them to China.

Any person who intends to export or import goods shall accurately file a declaration with the head of the competent customs office on the name, size, quantity, etc. of the goods.

On September 6, 2015, the Defendant purchased tax-free cosmetics 115 points, such as Korea and F, in Busan D and stored in the storage of the present goods, and stored them in the storage of the said office, after having received delivery of the present goods, from September 7, 2015 to September 17, 2015, and then exported them simply via international special transmission (Ems) at the post office (Ems) under the name of the Defendant and C, as if they were actually cosmetics, and then exported them in a disguised manner as if they were cosmetics, etc. from December 16, 2015 to December 16, 2015. From that time, the Defendant de facto exported them toy under the name of the Chinese government, such as the list of crimes in violation of the Customs Act (Smuggling exports) in attached Form 4, 922 points, 24, 379 US dollarss purchased from G, and the name of the Chinese government under the special export order from September 24, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. A report on smuggling;

1. A protocol of seizure and a list of seizure;

1. Each photograph;

1. Details of the purchase of goods at each City/Do duty-free shop and international special transmission;

1. Application of Acts and subordinate statutes for investigation and reporting;

1. Relevant Article of the Act and Articles 269(3)2 and 241(1) of the Act on the Selection of Punishment for Crimes (Selection of Penalty)

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Determination as to the assertion of counsel under Article 282(3) of the Customs Act

1. According to the provisions of the alleged Customs Act, the Enforcement Decree of the same Act, and the relevant notification, etc.

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