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(영문) 인천지방법원 2015.05.13 2014고단5712
조세범처벌법위반등
Text

Defendant

A Imprisonment of one year and fine of 3,00,000,000 won, Defendant B’s imprisonment of six months and fine of 1,00,000 won, and Defendant C.

Reasons

Punishment of the crime

Defendant

A is a person who collects and sells duty-free tobacco and duty-free goods from the general viewpoint of the Incheon Port, etc., Defendant B is a person who has been engaged in a "fluoral", and Defendant C was operating the miscellaneous point of the imported goods in the Busan Jung-gu E market.

1. Defendant A

(a) Where it is intended to export, import or return goods in violation of the Customs Act, 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 and no goods imported shall be acquired, transferred, transported, stored or mediated without filing a declaration;

Nevertheless, the Defendant had the mind to purchase and sell the sealed imported tobacco and the duty-free sheep. From around January 31, 201 to December 31, 2011, the Defendant purchased and kept the total amount of KRW 5,180,000 of the duty-free tobacco, such as the “Eradical Wage,” and the “Eradice 17 years,” with the knowledge of the fact that the duty-free tobacco purchased from around the 1st International Passenger Terminal of Incheon Jung-gu, Jung-gu, Incheon, without filing an import declaration with the head of the customs office, and brought the goods into the Republic of Korea by pretending the personal effects, etc., and sold them from the Defendant B, etc. by purchasing and selling them from the Defendant B, etc., as stated in the attached list 1 through 10, the sum of the duty-free tobacco and the two-free tobacco imported in excess of KRW 3,234,232,500, as indicated in the attached list of crimes.

Accordingly, the Defendant acquired the tax-free tobacco and the tax-free share, which is the smuggling imported goods.

(b) Any person who intends to engage in wholesale business of tobacco in violation of the Tobacco Business Act shall register with the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu having jurisdiction over

Nevertheless, the Defendant without registering the wholesale business of tobacco, from January 201 to December 25, 2013, is located in the relevant Incheon Port, etc.

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