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(영문) 부산지방법원 2015.03.17 2015고정318
관세법위반
Text

Defendants shall be punished by a fine of KRW 20,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Attached Form

Criminal facts

same as the entry

(Provided, That the summary of the evidence is the defendant)

1. Defendant's legal statement;

1. Copy of each protocol concerning the examination of the police officers in relation to E, F, and G;

1. With respect to Customer B B, a written claim for the cost of goods for transportation from 2012-2013 to 2013, copies of computerized output related to the delivery, revenue performance (B), export performance (B), export performance (B), foreign exchange dispatch and receipt details (B), H transport details related documents on October 13, 2012, I-related trade documents on export bill number I-related trade documents, details of suspicion of export of clothing B's clothing export (Evidence No. 23), claim for payment and receipt, tax base return and additional voluntary payment statement, A-post declaration statement, appraisal statement, legal application of the law;

1. Article applicable to criminal facts;

(a) Defendant A: Articles 269(3)1, 241(1) (including the export without filing a declaration and the export date) of each Customs Act; Article 3(1)1 and 3(1)3 of the Act on Regulation and Punishment of Criminal Proceeds Concealment (the point of concealment of Criminal Proceeds Concealment) of each Customs Act; and selection of each fine;

(b) Defendant B: Articles 279(1), 269(3)1, and 241(1) of the Customs Act (including non-reported exports, and export dates); Articles 7 and 3(1)1 and 3(1)3 of the Act on Regulation and Punishment of Punishment of Criminal Proceeds Concealment (the occupation of concealment of Criminal Proceeds Concealment) of the Customs Act; and selection of each fine

1. Of concurrent crimes, the former part of Article 37 of the Criminal Act, Article 278 of the Customs Act (the provisions of Article 38 (1) 2 of the Criminal Act shall not apply, and the amount of fine shall be calculated separately for each violation, and it shall be added up);

1. Determination of sentence;

(a) Violating each Customs Act: 100,000 won ¡¿ 81 times = 8,100,000 won;

(b) Violation of the Act on the Regulation and Punishment of Criminal Proceeds Concealment: 11,900,000 won; and

(c) Total amount: 20,000,000 won; and

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

1. Defendant A: Article 282 (3) and (2) of the Customs Act;

1. It is so decided as per Disposition for the reasons under Article 334(1) of the Criminal Procedure Act above, each of the provisional payment orders;

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