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(영문) 인천지방법원 2016.08.12 2015고단7034
관세법위반등
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 who performs the duties of transportation and customs clearance between China and Korea under the trade name of “G”.

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

Nevertheless, the Defendant received a proposal from China to offer 600,000 won per gambling house at the time of transporting the forged goods, such as “Non-Agra,” which is a product for the skin treatment of a flag attached with a forged trademark from H located in the Chinese Maz, from the Republic of Korea, and accepted it. On April 2, 2013, the Defendant filed an import declaration with the Incheon Customs Office for false import in total 81,150, such as “Non-Agra,” where a forged trademark is attached, such as 15,00 in the attached list 1 column for crimes in China, from the Chinese harmful port, and 15,00 in total, including 15,00 in the attached list of crimes.

Accordingly, the Defendant conspired with the above H and did not intend to import goods without filing an import declaration in a normal manner, but failed to bring about an attempted attempt by a customs inspection.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. A written accusation;

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

1. Application of the Acts and subordinate statutes related to photographs, such as requesting accusation (defluence of the name, disguised, and forged secondary therapy), the authenticity and appraisal of the detected goods, the original register of trademark registration, information about customs clearance of imported cargo, nonELel, Boll, stalking list, a certificate of actual owner, and documents confirming actual owner, and articles of association;

1. Relevant Article of the Act and Articles 271(2), 269(2)2 and 241(1) of the Customs Act concerning facts constituting an offense, and Article 30 of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that the criminal defendant is against his/her will and is recognized to commit the crime, and the crime is committed against his/her attempted crime);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. A portion not guilty under the main sentence of Article 282 (2) of the Confiscation Customs Act;

1. Of the 2015 Highest 7034 Incident.

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