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(영문) 부산지방법원 2014.10.16 2014고정3054
관세법위반등
Text

Defendant shall be punished by a fine of KRW 15.4 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who operates a clothing exporter C in Seodaemun-gu Seoul Metropolitan Government.

1. A person who exports goods in violation of the Customs Act shall report to the head of a customs office the name, standard, quantity and price of the relevant goods, and other matters prescribed by Presidential Decree;

Nevertheless, the Defendant, while operating C, exported 574 points of clothing equivalent to KRW 8,871,916 to Japan without filing an export declaration with the head of the customs office on January 6, 2013, and exported it to Japan through D through transportation agent, and exported it to Japan in total 47 times from around that time to May 15, 2013 in the same manner as indicated in attached Table 1.

2. Any person who violates the Act on the Regulation and Punishment of Criminal Proceeds Concealment shall not disguise the acquisition or disposition of criminal proceeds, and shall not conceal criminal proceeds, etc. for the purpose of encouraging a specific crime or pretending criminal proceeds as legitimately acquired assets;

Nevertheless, the Defendant, like Paragraph 1, pretended to acquire or dispose of criminal proceeds, which are property generated by the act of smuggling export, and made it impossible to specify, track, or detect the criminal proceeds, as stated in Attached Table 2, to transfer the price for smuggling export to the Japanese account of F operated by E, a partner in Japan in the transportation agent business chain D, E, after shipping it into the Republic of Korea, after shipping it into the Republic of Korea, and then shipping it to the G operated by D, and the Defendant received the globalization equivalent to KRW 18,427,213 from D, and from around that time until May 15, 2013, as described in Attached Table 2, the Defendant pretended to acquire or dispose of the criminal proceeds totaling KRW 350,878,08,081, as stated in attached Table 2, or for the purpose of inducing specific crimes or pretending the acquisition or disposal as property legitimately acquired.

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