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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.
Reasons
Punishment of the crime
1. Violation of the Customs Act;
A. The Defendant is the representative of the Company B, a second export company, who violated the Customs Act by smuggling.
The export of goods shall report to the head of the relevant customs office on the items, size, quantity and price of the goods concerned and other matters prescribed by Presidential Decree.
In order to export a used vehicle, the Defendant had the registration of cancellation, but the Defendant had the intention to export the vehicle by modifying the detailed statement of acceptance of export declaration for another motor vehicle already issued to export for the purpose of export because it is impossible to cancel the vehicle. After having accepted export declaration as a motor vehicle that can normally be exported, the Defendant had the intention to export the vehicle by loading it instead of the export declaration.
Around March 24, 2011, the Defendant received an export declaration (report number D) from the head of Incheon Customs Office around March 24, 2011 on the 1998 Food Poter C.
After that, around March 26, 2011, the Defendant changed the name of “STS 198C” into “STS 201 E” in the model and specification column of the export declaration certificate at the office of Yeonsu-gu Incheon, Yeonsu-gu, Incheon, and then exported the FF vessel through the Incheon Port, which is equivalent to KRW 10,140,000 of the market price.
Accordingly, the Defendant reported and exported goods different from the export goods.
Around February 7, 2012, the Defendant continued to export Lone Star or a motor vehicle at Incheon port, as if it were exported in 1999, and received an export declaration (report number G). The Defendant, in fact, loaded and exported 6,640,000 won of the market price which was not reported to the head of the customs office on the I vessel and then exported 3 (Large Number H) of the 2010-type salary class 201.
Accordingly, the Defendant reported and exported goods different from the export goods.
The Defendant, including this, shall make seven times from March 26, 201 to May 19, 201, as shown in attached Table 1.