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(영문) 서울남부지방법원 2017.09.01 2016노1804
관세법위반
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of KRW 3 million is imposed on Defendant A, and a fine of KRW 7 million is imposed on Defendant B) by the lower court is too uneased and unreasonable.

2. The instant crime is an offense that undermines the securing of legitimate customs duties on imported goods by the State and requires strict punishment, and the fact that the evaded customs duty reaches KRW 69 million is disadvantageous to the Defendants.

However, in full view of the facts that Defendant B recognized all the crimes and erred, Defendant B was punished for the same crime, or has no record of being sentenced to a suspended sentence or heavier punishment, Defendant B paid all the evaded customs duties and additional taxes, the Defendants’ request for customs clearance duties to an external company and did not confirm the details of the import declaration, and the Defendants appeared to have evaded customs duties, and did not actively ordered illegal acts. In full view of all the sentencing conditions in the records and arguments of this case, the sentence imposed by the lower court on the Defendants is deemed appropriate, and it cannot be deemed unfair because it is too unreasonable.

3. In conclusion, the prosecutor's appeal against the defendants is without merit, and all of the appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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