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(영문) 부산지방법원 2018.04.13 2018고합72
특정범죄가중처벌등에관한법률위반(관세)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person of the Russian nationality who is engaged in a melting sale in Russia.

When it is intended to import or export goods from foreign countries, the name, standard, quantity and price of the relevant goods, and other matters prescribed by Presidential Decree shall be reported to the head of the relevant customs

around January 27, 2018, the Defendant: (a) delivered to the “E” in which Russia, the Defendant was aware of the Defendant’s home located in Aussia area C, to the Republic of Korea from “D”; and (b) sent Russia to the Republic of Korea, which is a Russia located in the Republic of Korea, and is specialized in distributing smuggling, USD 2,000,000 and the Defendant’s wife, F and Russia on February 6, 2018;

2. The Defendant’s wife F entered the Defendant’s wife and consented to it, and then the Defendant conspired to bring the Plaintiff into Korea by inserting the Plaintiff’s future and round-down fares, etc.

Around February 3, 2018, the Defendant, in collusion with the above F, contained an amount equivalent to 164,560,540 won (market price 258,742,987 won) for the goods of Russia 61 (large 1,945.46gg) in the first place of the customs inspection, which was packed in the Russia S7-501 letter at the Russia S7-501 Lussia Lussia Sinan Sinan Sinanananan Pacific Airport, in the first place of February 3, 2018, the Defendant attempted to import the goods through the Incheon Airport at the port of entry without filing an import declaration.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the special judicial police with regard to F;

1. A protocol of seizure and a list of seizure;

1. Investigation report (the confirmation of goods in violation of regulations and presumption of penalty amount);

1. Application of Acts and subordinate statutes to a criminal investigation report (the genetic analysis of specifics and components analysis), appraisal report, and written accusation report;

1. Article 271 (2), Article 269 (2) 1, and Article 241 (1) of the Customs Act, Article 30 of the Criminal Act, concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1.Article 282, Section 2, of the Customs Act, confiscation.

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