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(영문) 의정부지방법원 고양지원 2012.09.13 2012고단867
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

When anyone intends to export goods, he/she shall report to the head of a customs office the name, standard, quantity and price of the relevant goods, and other matters prescribed by Presidential Decree, and modify any letter, etc. in part of the facts charged by mail.

In the case of export, if the price of the goods exceeds two million won, it shall be reported to the head of the customs office.

Nevertheless, on June 8, 2009, the Defendant entered printed matters equivalent to KRW 7,558,430 in the invoice of mail in USD 25,000, without filing a report with the head of the customs office, and then exported to D in Japan via post office Ems (international specialty mail) using the same method as indicated in the attached list of crimes, and exported printed matters equivalent to KRW 602,293,180 in total from October 11, 201, to Japan without filing a report thereon with the head of the customs office.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions and police suspect interrogation records of the accused;

1. Each police suspect interrogation protocol regarding D;

1. Details of ems dispatch;

1. Price verification of export goods, details of the receipt of prices of export goods, and printed materials price list;

1. Details of evidence, such as a statement of specific facts, the calculation details of costs of illegal goods, receipts of cost items, etc.;

1. Application of Acts and subordinate statutes on account transactions;

1. Articles 269(3)1, 241(1), and 258(2) of the Customs Act for criminal facts; Article 261 Subparag. 5 of the Enforcement Decree of the Customs Act; Article 3-1(1)8 of the former Public Notice on the Handling of Customs Clearance (wholly amended by the Korea Customs Service Notice No. 2010-128, Dec. 17, 2010); Article 3-0-1(1)8 of the Public Notice on the Handling of Export Customs Clearance; Article 36(1)8 of the Public Notice on the Handling of Customs Clearance (each smuggling export); Article 36(1)8 of the Enforcement Decree of the Customs Act for the Selection

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reasons for sentencing of Article 282(3) and (2) of the Customs Act shall be additionally collected.

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