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(영문) 서울북부지방법원 2015.03.26 2014고단4285
관세법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A is a person operating C who imports domestic agricultural products.

On April 1, 2014, the Defendant: (a) imported a Chinese dried and dry drilling with a rate of 270% in China; (b) reported to the customs office as if the Defendant entered a 2,000 g (20 km, total of 40,000 g) of China into two containers; and (c) entered the 1,260 g (11,820 g) in the back of the container via Pyeongtaek-si port; and (d) stored 1,260 g (25,299 g) in the following back of the container; (b) tried to import 16,000 g) in the way of “catching” in which the market price was 160,000 won in the following back of the container; (c) but (d) attempted to have attempted to import cather in the process of customs search.

2. Defendant B: (a) around 14:20 on April 28, 2014, the Defendant filed a false report with the head of Pyeongtaek-si Customs Investigative Office; and (b) the fact that the said A operated C imported agricultural products after importing agricultural products, Defendant B made a false statement with the head of Incheon Airport Customs Office Special Police Officer D who is investigating the instant case as if the Defendant filed a false report and imported agricultural products, thereby allowing the Defendant to escape.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement concerning B;

1. A written accusation;

1. Protocol of seizure, list of seizure and certificate of custody;

1. Investigation report (investigation report) and attached documents (Evidence Nos. 5, 6, 7, 11);

1. Investigation report (report on the results of analysis), appraisal report;

1. Application of Acts and subordinate statutes to investigation and report (statement submission and consignee confirmation);

1. Article applicable to criminal facts;

(a) Defendant A: Articles 271(2), 269(2)2 and 241(1) of the Customs Act;

B. Defendant B: Article 151(1) of the Criminal Act (Selection of Imprisonment)

1. Defendant B: Article 62 (1) of the Criminal Act;

1. Defendant B of the community service order: Article 62-2 of the Criminal Act;

1. Defendant A: The reason for sentencing of Article 282(2) of the Customs Act is that Defendant A was punished once as a result of the same crime and once as a fine.

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