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(영문) 서울중앙지방법원 2019.08.14 2019고단625
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, as a person operating the clothing store in Gangnam-gu Seoul and the clothes importer company in Gangnam-gu Seoul Metropolitan Government “E” located in Gangnam-gu, brought to Korea high-priced products such as reflectrs or arms in a disguised manner with international special transmission or personal belongings, and sold them and received profits from the sale.

Anyone who intends to import goods shall report to the head of a customs office the name, standard, quantity and price of the relevant goods and other matters prescribed by Presidential Decree.

On June 17, 2015, the Defendant: (a) imported 89 points, including precious metals and clothing, etc. equivalent to KRW 1,012,239,048 (the total cost of goods, KRW 589,661,085), from the company “F,” located in California, California, and at the time, from the head of the customs office, without reporting the fact to the head of the customs office ($ 2,350, KRW 2,648,168) of the market price; and (b) imported tightly from March 9, 2018 through international special transmission (G), from that time until March 9, 2018, the Defendant sealed the Defendant’s total market price of KRW 1,012,239,048 (the total cost of the goods, KRW 589,61,085).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Part of the statement made by the police officer concerning I;

1.- - Ro-mails, invoices, product photographs, product lists, etc.;

1. Written accusation, report on the place of offence, and investigation report (Preparation of a list of crimes);

1. Each protocol of seizure and each list of seizure;

1. An investigation report (revision, confirmation of a list of crimes), inventory list, price list, list of crimes, list of crimes, etc.;

1. -The application of Acts and subordinate statutes of a list of crimes, and the relevant import declaration;

1. Relevant Article of the Customs Act and Articles 269(2)1 and 241(1) of the Customs Act (the point of smuggling import due to failure to file a declaration), Articles 269(2)2 and 241(1) of the Customs Act (the point of smuggling import due to filing a declaration on other goods), each of the choice of imprisonment for a crime;

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

1. The sentencing under Article 62(1) of the Criminal Act is as follows.

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