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(영문) 인천지방법원 2014.09.04 2014고단5412
관세법위반
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months and a fine not exceeding ten million won.

Where a fine is not paid, one hundred thousand won shall be applied.

Reasons

Punishment of the crime

The defendant, as a shipbuilding Chinese, has taken and sold grain produced in China to Korea, and is a "salute" that takes Korean clothing, etc. to China and sells it.

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

At around 13:00 on July 22, 2014, the Defendant accepted the proposal that he would pay 1.5 million won at the face value of the water in the face value of the ship that he would bring to the Republic of Korea from the ship of the ship of the ship that could not know his name in the vicinity of the port for danger and injury to China, and deliver it to the person who is informed.

On July 23, 2014, at around 11:10, the Defendant entered the Incheon 2 International Passenger Terminal Customs Entry Inspection Station located in Jung-gu Incheon, Jung-gu, Incheon, Incheon, to the Incheon 2 International Terminal by using a vessel NEW GLDDE BRDGE II, and entered the Incheon 2 International Terminal in order to enter the Incheon 2 International Terminal, and the Defendant was found to have attempted to enter the Republic of Korea without filing a report to the customs office, by putting 6 gold bars (2,97.5g) transferred from women in the above name in order to the customs office.

Accordingly, the Defendant attempted to import the amount equivalent to KRW 135,086,770 ( KRW 89,022,180) of the six market prices of gold bars without filing a report thereon with the customs collector.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant legal provisions concerning criminal facts: Articles 271 (2), 269 (2) 1, and 241 (1) of the Customs Act;

1. Selection of punishment: Imposition of fines in accordance with Article 275 of the Customs Act, taking into account the choice of imprisonment and circumstances;

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (the point of seizure and the first offense);

1. Confiscation: Article 282 (2) of the Customs Act, Article 48 (1) 1 of the Criminal Act;

1. Provisional payment order: It is so decided as per Disposition for the reason under Article 334 (1) of the Criminal Procedure Act;

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