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(영문) 인천지방법원 2014.05.14 2013고단6622
관세법위반
Text

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.

Reasons

Punishment of the crime

A defendant shall report to the head of a customs office on the name, standard, quantity and price of the goods concerned, and other matters prescribed by Presidential Decree where he/she intends to import such goods, and shall not import such goods as are different from those of the relevant imported goods.

On April 25, 2013, the Defendant submitted a cargo manifest as if it were imported from China to 1,200CT from China, and entered the 90CT (18 tons) in the container inside and outside of the container loaded to 'F', and concealed 300CT listed in the cargo manifest to 90CT and brought it into the first designated storage place of the Incheon Customs Office located in Jung-gu Incheon Customs on April 29, 2013.

As a result, the Defendant imported 18 tons of scraped 151,560,000 won in the market, and tried to import them by reporting it in multiple atmosphere.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A written accusation and a report on detection;

1. Confirmation of goods suspected of this case and investigation and report on the details of the past entry and departure;

1. Notification of determination of the quantity requested for accusation;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to written appraisal;

1. Relevant Article 271(3), Articles 269(2)2 and 241(1) of the Act on the Punishment of Criminal Crimes, the Selection of Penalty, Articles 271(3), 269(2)2 and 241

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act; Article 62 (1) of the same Act (see, e.g., Supreme

1. Judgment on the primary facts charged under Article 282(2) of the Confiscation Customs Act

1. The summary of the facts charged in this case is that the defendant is running a DNA company; the name, standard, quantity and price of the goods concerned; and other matters prescribed by Presidential Decree shall be reported to the head of a customs office; and no import shall be reported as goods different from the relevant imported goods;

The defendant is from China around April 25, 2013.

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