A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The Defendant is a person who operates a miscellaneous point in D (E) with the trade name “C” located in Busan Jung-gu.

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, and the imported goods shall not be acquired, transferred, transported, stored or mediated or appraised without filing any declaration thereon.

Nevertheless, the Defendant purchased, among domestically produced tobacco for export, the sealed tobacco imported into the Republic of Korea, with the intention of selling it in return for profits, and acquired the tobacco imported without filing a report thereon with the head of the customs office (30,000 won per 150,000 won per 150,000 won, even though he knows that the tobacco for export was imported without filing an import declaration with the head of the customs office, from among those who are named in the name of supplying the tobacco for export with the miscellaneous points in E, and with the sound supply of the tobacco for export to the head of the customs office, the Defendant acquired the tobacco for export without filing a report thereon with the head of the customs office.

From around that time to March 22, 2018, the Defendant acquired total amount of KRW 103,530,000 (market price of KRW 146,308,00) for export tobacco totaled of KRW 34,510, as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Copies of part A among investigation departments of the Busan Territorial Police Station, investigation departments-2373, official documents and transfer documents;

1. Application of Acts and subordinate statutes to written appraisal of illegal goods;

1. Article 274 (1) 1, Article 269 (2) 1 and Article 241 (1) of the Customs Act, the choice of punishment for an offense, and the choice of imprisonment, respectively;

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;

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

1. Collection of a surcharge of KRW 142,880,300 = Total market value of the smuggling acquired = 146,308,000 - Seizure from the Defendant.