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(영문) 인천지방법원 2013.11.08 2013고정3052
관세법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The crime of non-reported import under Article 269 (2) 1 of the Customs Act, which is a violation of the Customs Act for which the defendant has not filed a declaration, is established since the legal interest of securing fair customs duties on imported goods is the same as that of securing legitimate customs duties on the imported goods. If the imported goods are imported without filing a declaration, it infringes the legal interest of securing legitimate customs duties on the imported goods at the time of import, thereby satisfying the separate requirements

(1) As to the part for which the Defendant did not file an import declaration and the part for which C did not file an import declaration, the Defendant took part in the co-principal part in the part in which the Defendant did not file an import declaration. As such, the Defendant took part in the part in which the Defendant took part in the co-principal part.

피고인은 2013. 1. 29. 타이항공 628편을 이용하여 홍콩으로부터 인천국제공항을 통해 입국하면서, C가 홍콩 출국 전 롯데월드면세점에서 구입한 피고인 소유의 멀버리 숄더백 1점(미화 656불)을 비롯하여 별지 범죄일람표 순번 1, 4, 5번 기재 물품들(미화 3,073불)을 피고인의 트렁크 가방에 넣거나 C가 대리 반입하는 방법으로 세관장에게 신고하지 않고 밀수입하였다.

2. As to the violation of the Customs Act that C did not report, the Defendant, as in the preceding paragraph, entered Hong Kong through Incheon International Airport. In collusion with C, the Defendant attempted to import the Gu Handbags (U.S. 1,390) and Gu bags (U.S. 271) owned by C, for which C did not file an import declaration, without filing a report with the head of the customs office, as set forth in the attached Table Nos. 2 and 3, as well as the attached Table No. 2 and 3.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each police interrogation protocol regarding C;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes governing a written accusation and a custody certificate;

1. Article 269(2)1 and Article 241 of the selective Customs Act concerning criminal facts and Articles 269(2)1 and 241 of the same Act;

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